A decision on Lord Bassam's doormat!

[Richard Clayton]

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The Code of Practice for the RIP Act 2000 Part I Chapter I  (that's the
"interception" part of the Act) has now been laid before Parliament.

Text at:

        http://www.homeoffice.gov.uk/ripa/ioccop.htm

and it seems that Lord Bassam's doormat is in fact being looked after by
the ISPs...

<quote>
Stored Communications

2.14    Section 2(7) of the Act defines a communication in the course of
        its transmission as also encompassing any time when the
        communication is being stored on the communication system in
        such a way as to enable the intended recipient to have access to
        it. This means that a warrant can be used to obtain both
        communications that are in the process of transmission and those
        that are being stored on the transmission system.

2.15    Stored communications may also be accessed by means other than a
        warrant. If a communication has been stored on a communication
        system it may be obtained with lawful authority by means of an
        existing statutory power such as a production order (under the
        Police and Criminal Evidence Act 1984) or a search warrant.
</quote>

UKCrypto readers will doubtless recall much debate about where
Interception (a highly regulated activity, requiring the authorisation
of the Secretary of State) stops and simple access by Plod starts (the
paperwork for PACE production orders or search warrants can be done by
very low level policeman).

Whilst RIP was going through the Lords, the Government minister (Lord
Bassam) indicated that when it reached his doormat, then it was subject
to simple search, but that prior to that it was interception.

Anyway - apparently not - the Code of Practice seems to envisage search
warrants for sorting offices (they have these little pigeonholes for
sorting) and for an ISPs POP3 servers.

Don't you think it's nice the way they put it that a RIP warrant will
suffice to also access the stored material, thereby saving officers an
extra trip to the local magistrate!

At least Parliament has to debate this....

- -- 
richard                                              Richard Clayton

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