Police can intercept emails, high court rules -- Guardian...

David_Biggins@usermgmt.com David_Biggins at usermgmt.com
Mon, 22 Jul 2002 17:46:11 +0100


http://www.guardian.co.uk/internetnews/story/0,7369,761496,00.html

	"Lord Woolf, the Lord Chief Justice, ruled that internet service
providers can lawfully intercept emails at the request of the police
once they have received notification that a special production order is
being sought from the courts. "
	...
	"Safeguards lay in the fact that the police had to justify their
applications in court to obtain the special production orders under
PACE. "
	...
	"ntl Group lawyers argued the company would be committing an
offence under section 1 of the Regulation of Investigatory Powers Act
2000 if it complied with the notice. 
	The company said its system automatically destroyed emails once
the user had accessed them. To prevent that from happening it would have
to intercept the emails in a way that amounted to an offence. "
	...
	"The judge said the notification gave the company "lawful
authority" to make interceptions under the Regulation of Investigatory
Powers Act. "
	Making a special production order, he refused to limit it to
material only in existence at the time the order was actually made. "

Implying that email will in future need to be logged in order to cope
with retrospective production orders?
  
## dave ##