BAD NEWS :( Government amendments reinforce Big Browser

[Roland Perry]

In article <3.0.5.32.20000612202153.0092d480@mail.netkonect.co.uk>,
Nicholas Bohm <nbohm@ernest.net> writes
>I remain in agreement with Roland.  The consequences seem
>absurd.

However, we now have two statements in committee from Lord Bassam: 

"Lord Bassam of Brighton: Our understanding is that Amendments Nos. 9
and 11 would change the definition of telecommunication system to
exclude the origin and destination. The noble Lord made that clear in
his explanation. But a primary purpose of this part of the Bill is to
ensure that wherever along the path of a communication it is
intercepted, the required level of authority, handling, safeguards and
oversight remain the same. It would make no sense for interception of a
telephone wire in the street to require a Secretary of State warrant,
yet no warrant to be required if the interception was to occur at the
telephone handset. Indeed, this was the deficiency identified by the
European Court in the case of Halford v. UK which this Bill seeks to
remedy. An important step is being taken with this legislation. "

and regarding the "dial-through fraud" amendments 22 and 83:

Lord Bassam of Brighton: It has also been brought to my attention that
these amendments have caused some concern in relation to the Internet,
with one interpretation being that they would allow the content of e-
mail communications to be treated as communications data and therefore
allow interception of e-mail communications to take place without the
need for a warrant authorised by the Secretary of State. Although I do
not agree that this is a valid interpretation of the wording, I want to
place on the record that this is not the intention--I repeat the word
"not"--of these amendments and that the Bill will require Secretary of
State warranting for the interception of e-mail communications. I offer
my assurance that the code of practice will clearly spell that out so
that there can be no misunderstanding on that issue." 

-- 
            Roland Perry | tel: +44 1733 207705 | roland@linx.org
      Regulation Officer | fax: +44 1733 353929 | http://www.linx.net
London Internet Exchange | mbl: +44 7050 604080 |       /contact/roland