A decision on Lord Bassam's doormat!

[Richard Clayton]

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In article <200205091751.SAA07368@clw.cs.man.ac.uk>, Charles Lindsey
<chl@clw.cs.man.ac.uk> writes

>> 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...
>> 
>
>Yes, I think we have known all along that was the case (PACE is the law,
>and the power is clearly in it). 

I don't recall the tension between 1(5)(c) and 2(7) being apparent
whilst the Bill went through Parliament ... in fact my first memory of
2(7) being seen to be of little import was after it had come into force
when a (now) NHTCU officer told me of the interpretation they expected
to be using

>So no surprises really.

The HO have not been known for their liberal interpretation of anything
recently :-(  so no, I guess that surprise is low on the list

>But if it is encrytped during that storage (whether by the sender of by
>the ISP), then PACE alone will not be much help.

If I recall the arcane flowchart correctly .... If the material is
seized under PACE then Part III will allow the police to generate the
s47 notice. If it was a RIP s8 interception then the SoS would have had
to generate the s47 notice as well.

>How about ISPs automatically encrypting messages in the POP3 box to a
>public key kindly provided by the owner of the box?

I don't think this would prevent the kit being seized -- unless of
course the police could be relied upon to possess "clue"

- -- 
richard                                              Richard Clayton

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety.         Benjamin Franklin

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