RIPA and file-sharing??

[Peter Sommer]

I don't think it's RIPA;  the powers probably exist under the disclosure 
rules which are part of Civil and Criminal Procedure

In a civil case the parties must provide each other with "documents" 
which adversely affect their own case, adversely affect another party's 
case or support another party's case (CPR 31) 
http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm
Obviously legal proceedings will have had to be initiated, and in this 
instance the ISP joined to the action. 

 The above is so called "standard disclosure".   The parties can also go 
to the court and ask it to issue orders where the other side refuses to 
produce particular information.  "Document" is widely defined and is 
likely to include records of IP addresses. 


Peter Sommer


Peter Fairbrother wrote:
> PlusNet blame RIPA for revealing IP addresses:
>
> http://community.plus.net/trafficmanagement/2007/11/28/file-sharing-letters 
>
>
> "An example would be where English law dictates a different path, and 
> specifically considering the issue of file sharing, the Regulation of 
> Investigatory Powers Act (or RIPA) is relevant. [..] Amongst its 
> powers under RIPA, the High Court can request from an ISP details 
> about particular customers."
>
>
> AFAICT, while it doesn't prevent it, RIPA doesn't give the Court any 
> such power.
>
> Anyone know under what authority such demands are issued?
>
>
> Ta,
>
> -- Peter Fairbrother
>
>
>


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