"Tipping-off" revisited

[Donald ramsbottom]

54. - (1) This section applies where a section 49 notice contains a
provision requiring- 
                               
     
    (a) the person to whom the notice is given, and 
     
     (b) every other person who becomes aware of it or of its contents, 
     
     to keep secret the giving of the notice, its contents and the things
done in pursuance of it.


"every other person who becomes aware of it"

There is no definition of "aware". There is no requirement of
reasonableness. It seems to me that anyone on this list who saw any of the
warnings on the ends of emails, and then saw the certificate had been
revoked, would be "aware" and therefore bound by S54 order. The Injunction
not to disclose is against the whole world, and not just against those who
have been servedd or have actual knowledge that the certificate was indeed
served. Inferences drawn can be entirely subjective, so someone who read
the suffix on another list, say alt.lawnmowers, may not subjectively be
imputed with the same level of knowledge as someone on this list, who may
by the mere act of revocation draw an inference and thus be "aware" that
the gagging order is in place, especially if there is no subsequent cogent
expalnation by the revoker of the cerificate.

There is no "Clapham Omnibus" test for the section.

I am sure if Owen or David or anyone else on this list were served, and
revoked their certificates (allegedly not of itself a breach, but on that
even I'm not so sure), it would be spotted and commented on PDQ, and as
most on this list have more knowledge of RIPA (love the sound of that now
the "A" has been added RiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiipaaaaaaH, sorry
side tracked) than the average circus, sorry, circuit judge it would not be
"unreasonable" (under RIPA) for the authorities to impute the necessary
knowledge to us all.

Nasty, but posssibly true, sigh.


Donald Ramsbottom BA LLb (Hons) PGdip
Ramsbottom & Co Solicitors
Internet and Global Encryption Law Specialists & General UK  Law Matters
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