DSS and LAs to trawl internet traffic

[Roland Perry]

In message <000001c15ed0$a2fde000$0300a8c0@aki>, Caspar Bowden 
<cb@fipr.org> writes
>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)

Yes, so we need to concentrate hard on "what is Traffic Data", and on 
who has the cake and who is eating it.

>The effect of this is that mobile phone locator codes

RIPA 21(6): "In this section, Traffic Data ... means ...any data 
identifying ... location."

So it's *included* in RIPA's definition of Traffic Data, and therefore 
it's *excluded* in SSFA.

>(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,

True, because they identify the people involved in the communication and 
are therefore traffic data.

>RADIUS logs

False, because that's RIPA 21(4)(b) material and not Traffic Data. [In 
case all the double negatives are making people's heads hurt, I think 
Radius Logs *are* accessible by SSFA.]

>, or such other stuff as ISPs may be arm-twisted to retain
>"voluntarily" over next few weeks.

The data that ISPs are being asked to preserve contains both Traffic and 
non-Traffic comms data.

>That would include web sites

False, because they are Traffic Data too.

 >(but not web pages because of the "Big Browser" amendment)

Indeed.

>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)

-- 
              Roland Perry | tel: +44 1733 207705 | roland@linx.org
Director of Public Policy | fax: +44 1733 207729 | http://www.linx.net
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