RIPA and file-sharing??

[Watkin Simon]

PlusNet wrote:

"Amongst its powers under RIPA, the High Court can request from an ISP
details about particular customers."

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

It is most definitely not RIPA.

Whilst we're on the subject, some of the requirements that are being imposed
by Court Order upon ISPs to disclose the allocation of IP addresses in civil
law cases are out stripping and taking precedence over those being imposed
under RIPA. 

In some instances the assistance an ISP is able to give to the police and
the security service to prevent and detect crime and to protect life
effectively has to grind to a halt in order for the ISP to deal with a
digital rights dispute.

That's because failing to deal with a Court Order is a contempt of Court.
Failing to deal with a RIPA notice isn't - it wasn't designed to be.  By
requiring disclosure it was designed so the CSP no longer had to make the
decision to disclose data as happened pre-RIPA under the DPA.  (The
Secretary of State could take a CSP to Court for failing to comply with a
RIPA notice.  That hasn't happened and we wouldn't wish it to happen.)   

Simon Watkin
HOME OFFICE   





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