RIPA

[Clive D.W. Feather]

Peter Fairbrother said:
> I haven't got a copy of RIPA to hand, but doesn't it say that evidence that
> suggests that an order for interception has been made can't be introduced?
> 
> So if they ask you for keys to an interception and you refuse, how can they
> prosecute you for failing to comply if they can't introduce evidence that an
> interception has taken place?

They thought of that.

You're thinking of 17(1):

17. - (1) Subject to section 18, no evidence shall be adduced, question
asked, assertion or disclosure made or other thing done in, for the
purposes of or in connection with any legal proceedings which (in any
manner)- 
(a) discloses, in circumstances from which its origin in anything falling
within subsection (2) may be inferred, any of the contents of an
intercepted communication or any related communications data; or 
(b) tends (apart from any such disclosure) to suggest that anything
falling within subsection (2) has or may have occurred or be going to
occur. 

(2) The following fall within this subsection- 
(a) conduct by a person falling within subsection (3) that was or would
be an offence under section 1(1) or (2) of this Act or under section 1 of
the Interception of Communications Act 1985; 
(b) a breach by the Secretary of State of his duty under section 1(4) of
this Act; 
(c) the issue of an interception warrant or of a warrant under the
Interception of Communications Act 1985; 
(d) the making of an application by any person for an interception
warrant, or for a warrant under that Act; 
(e) the imposition of any requirement on any person to provide assistance
with giving effect to an interception warrant. 

But then we have:

18. - (1) Section 17(1) shall not apply in relation to- 
(a) any proceedings for a relevant offence; 
[...]

and:

(12) In this section "relevant offence" means- 
(a) an offence under any provision of this Act; 
[...]

So 17(1) does not apply to proceedings for any offence under RIPA.

However, I don't quite follow 17(2)(a): since I (as an ISP employee) am one
of the people mentioned in 17(3), does that mean that my interception of
data can't be brought up in any court except as part of a trial for a RIPA
offence ? Note that stuff I can legally do isn't the point here: it can't
be suggested in any other court (e.g. if a customer is suing for breach of
contract) if I illegally intercepted his email to assist my breach ?

-- 
Clive D.W. Feather  | Work:  <clive@demon.net>   | Tel:  +44 20 8371 1138
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