"Warrants authorising phone taps treble"

[Caspar Bowden]

>From: ukcrypto-admin@chiark.greenend.org.uk [mailto:ukcrypto-admin@chiark.=
greenend.org.uk] On Behalf Of Roland Perry
...
>>>>>It was made very clear that authorisations are for getting the same da=
ta
>>>>>that a CSP would normally provide, but in those limited circumstances
>>>>>when a CSP wasn't able to do the job itself.

>>>>When? Where? By whom?

>>>Anyone interpreting 22(3): "conduct to which this Chapter applies" ?

>>Why is that relevant (to the scenario which you snipped)? It cross
>>references proportionality (sought to be achieved yada yada), but we
>>were discussing whether it is legally *possible* to acquire comms data
>>in the way I described.

>>Are you implicitly conceding that it is possible, if an agency bod
>>thinks it is proportionate?

>I don't understand why you are making such heavy weather of this.  Of
>course any conduct [access] has to be proportionate. But it also has to
>comply with the other requirements such as the data being "in the
>possession of" (or capable of being obtained by) a CSP. You seem to have
>some idea that an authorisation is a blank cheque to do *anything*.

Roland, try READING the text you are so fond of relying on:

22(4) Subject to subsection (5), where it appears to the designated person =
that a postal or telecommunications operator is or may be in possession of,=
 or be capable of obtaining, any communications data, the designated person=
 may, by ***NOTICE*** to the postal or telecommunications operator, require=
 the operator-...

23(4) An authorisation under section 22(3) or notice under section 22(4)-
...
(b) in the case of a ****NOTICE***, shall not authorise or require any disc=
losure after the end of that period of any data not in the possession of, o=
r obtained by, the postal or telecommunications operator at a time during t=
hat period.

The restrictions about "in the possession of" or "capable of being obtained=
 by" DO NOT APPLY to AUTHORISATIONS in the statute.

How does that square with your assertions:

>>>>>It was made very clear that authorisations are for getting the same da=
ta
>>>>>that a CSP would normally provide, but in those limited circumstances
>>>>>when a CSP wasn't able to do the job itself.

???
--
Caspar Bowden