BAD NEWS :( Government amendments reinforce Big Browser

[Caspar Bowden]

As past discussions, RIP has myriad contradictory references and an
unresolved issue about whether "communications data" in the context of the
Internet includes full http: requests (i.e Web pages, search engine
requests)

I had missed S.5.a, which now looks like it was intended to be the "get-out"
clause which would ensure that direct acquisition of comms data by
"black-boxes" was not unlawful, because it DEFINES that conduct in relation
to comms data IS NOT INTERCEPTION.

I proposed a theory to the list that would have explained how a
"communication", in the sense of request to a web server for a page, could
be construed as comms data. It appears that this sparked some doubt in the
Home Office's mind that perhaps Web pages were NOT covered as comms data, so
they decided to be more explicit.

The amendement to S.2 below seems absolutely to clarify that comms data
INCLUDES signals for the actuation of apparatus, i.e the full http string,
and therefore that conduct in relation to it DOES NOT constitute
interception - therefore no warrant is required.

Therefore Big Browser is very much alive folks...

This seems to be doubly confirmed by a parallel amendment to Clause 20 (also
below)

Roland - do you agree ? Charles - what is the innocent explanation for this
"wild conspiracy theory" ?
Simon ?
--
Caspar Bowden               Tel: +44(0)20 7354 2333
Director, Foundation for Information Policy Research
RIP Information Centre at:    www.fipr.org/rip#media

http://www.publications.parliament.uk/pa/ld199900/ldbills/061/amend/am061-b.
htm
Clause 2

BY THE LORD BASSAM OF BRIGHTON
Page 4, line 41, at end insert--

    ("(  )  In subsection (5) the reference to data comprised in or attached
to a communication for the purposes of a telecommunication system by means
of which it is being or may be transmitted includes a reference to any
communication or part of a communication consisting of signals for the
actuation of apparatus comprised in a telecommunication system by which they
will be or may be received.")


Clause 20

BY THE LORD BASSAM OF BRIGHTON
Page 23, line 22, at end insert--

    ("(  )  In subsection (4)(a) the reference to data comprised in or
attached to a communication for the purposes of a telecommunication system
by means of which it is being or may be transmitted includes a reference to
any communication or part of a communication consisting of signals for the
actuation of apparatus comprised in a telecommunication system by which they
will be or may be received.")

--
Caspar Bowden               Tel: +44(0)20 7354 2333
Director, Foundation for Information Policy Research
RIP Information Centre at:    www.fipr.org/rip#media