FT 29/9/2001: :"Home Office may allow interception of e-mails"

Caspar Bowden cb at fipr.org
Sat, 29 Sep 2001 04:46:34 +0100


http://globalarchive.ft.com/globalarchive/article.html?id=010929001554&q
uery=encryption 
NATIONAL NEWS: Home Office may allow interception of e-mails
ANTI-TERRORISM REVIEW: 
Financial Times; Sep 29, 2001
By ROBERT SHRIMSLEY

Security agencies could gain new powers to intercept private e-mails as
part of the review of all anti-terrorist measures being supervised by
the Home Office. 

Downing Street confirmed yesterday the review would include a
re-examination of the new and controversial Regulation of Investigatory
Powers Act, which allows the interception of private and encrypted
e-mail and internet files. 

Details emerged after Jack Straw, the foreign secretary, railed against
those who had forced him to water down the act when he was home
secretary in the last parliament. 

He told BBC radio: "We needed the powers to de-encrypt commercially
sensitive e-mails because we knew terrorists were going to use it . . .
but the pressure was so great we had to back down a bit." 

He added: "I was told it was completely unnecessary and that it was the
beginning of 'big brother' society. But it was not 'big brother'
government, it was government trying to put in place increased powers to
preserve and safeguard our democracy." 

He said that before September 11 "people had a two-dimensional view of
civil liberties: the most fundamental civil liberty is the right to
life". 

One senior minister stressed that discussions were at a preliminary
stage, but added that a number of concessions that the government made
to the civil liberties and business lobby would be re-evaluated. "In the
light of recent developments and the incredibly fast pace of
technological advance it would be foolish not to see if there is any
more we can be doing," said the minister. 

The powers contained in the original measure were watered down over a
period of years after complaints both from civil liberties groups and
from those in business who warned it could drive internet companies out
of Britain. 

Among the first proposals to be shelved was one for what was known as a
"key escrow" - a plan to force companies to lodge the decryption keys
that allowed the deciphering of encoded internet material at a central
government-run repository. 

This would have given the security services access to the keys but
internet companies said it would discourage business from basing itself
in Britain. 

Ministers also agreed, under pressure of defeats in the House of Lords,
to boost the safeguards for confidential e-mails. The Home Office agreed
that demands for encryption and decryption keys would have to be
authorised by a more senior officer than originally planned. 

The Confederation of British Industry urged caution on any changes,
saying: "We are very keen to have a balance between fighting terrorism
and the right to privacy." 

It added that the CBI would consult its members on the issue and would
be seeking more information from ministers on the government's plans.