"Tipping-off" revisited

[Richard Clayton]

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In article <BC28A9E979C56C44BCBC2DED313A44707848@bond.campus.ncl.ac.uk>,
Q G Campbell <Q.G.Campbell@newcastle.ac.uk> writes

>I noted with interest the signature line of Owen's recent posting
>(see below) with its anti-RIPA measure. 
> 
>The list exhaustively canvassed views on the likely effectiveness of
>this means of "tipping-off" and avoiding the commission of an offence
>under s.54 of RIPA.
> 
>I recall at the time that the Home Office offered words of reassurance
>on this point. 

as did Ministers in Parliament, IIRC

>However I have found nothing in the Act itself that
>prevents the secrecy provision in a s.49 notice specifically precluding
>the revocation of a certificate.

I don't think you'd expect to.

The relevant part of the Act is s54(1)(b) and it allows for a
provision.. "to keep secret the giving of the notice, its contents and
the things done in pursuance of it".

I can't see that the revocation of a certificate would be an action in
pursuance of a notice that required that a message was put into an
intelligible form or (s50(3)(c)) the provision of keys. Hence s54
wouldn't apply ... any more than it could contain a provision requiring
the receiver to thereafter walk on the cracks in the pavement.

I think it would be wise to avoid statements such as "I will only revoke
this key if served with a s49 order with an s54 provision". That might
not be keeping secret the "giving of the notice".

>Have there been any further developments regarding this issue?

The Home Office is still dealing with the Codes of Practice at the other
end of the Act (and slow work it is too!). I've seen no sign of any
activity of Part III at all.

- -- 
richard                     richard.clayton  @  h i g h w a y m a n . com

"Assembly of Japanese bicycle require great peace of mind" quoted in ZAMM

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