DSS and LAs to trawl internet traffic

[Caspar Bowden]

The SS Fraud Act 2001 is irrelevant to internet traffic data
...
> 	"Information" shall include any information..which
> within
> 	the meaning of s.21 of the Regulation of
> Investigatory=20
> 	Powers Act 2000 is not communications data.
> 		[i.e. "information" includes any internet traffic
> data]

Wrong. What it actually says is :

    "(2E) The powers conferred by this section shall not be exercisable
for obtaining from any person providing a telecommunications service any
information other than information which (within the meaning of section
21 of the Regulation of Investigatory Powers Act 2000 (c. 23)) is
communications data but not traffic data."
http://www.hmso.gov.uk/acts/acts2001/10011--a.htm#1

So traffic data is excluded but other communications data is included
(e.g subscriber account details)

The effect of this is that mobile phone locator codes (see also today's
Guardian http://www.guardian.co.uk/uk_news/story/0,3604,581735,00.html)
ARE accessible under SS Fraud 2001, but not From/To e-mail addresses,
RADIUS logs, or such other stuff as ISPs may be arm-twisted to retain
"voluntarily" over next few weeks. That would include web sites (but not
web pages because of the "Big Browser" amendment)

However any stuff ISPs DO retain (ostensibly for "fighting terrorism"
naturally) can be got at for public order, minor crime, tax, health and
safety. That of course would include benefit fraud, although under
current regs, police would have to obtain (DSS are not included in list
of authorities in CoP currently OUT FOR CONSULTATION until Nov 2nd
http://www.homeoffice.gov.uk/ripa/pcdcpc.htm)
--
Caspar =
Bowden=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=
=A0=A0=A0 www.fipr.org
Director, Foundation for Information Policy Research
Tel: +44(0)20 7354 2333=20