RIPA and file-sharing??
Nicholas Bohm
ukcrypto at chiark.greenend.org.uk
Thu, 31 Jan 2008 19:13:36 +0000
PeteM wrote:
> Nicholas Bohm wrote on 31-01-08 18:51:
>> 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?
>
> I was just about to ask the same question. I spent an hour this morning
> trying to find it in RIPA.
>
>>
>> Against ISPs, probably Norwich Pharmacal Co. v The Commissioners of
>> Customs and Excise http://www.ipo.gov.uk/mcps/norwich.htm
>>
>
> So, not RIPA then?
No, not RIPA. An example of the "inherent jurisdiction" of the Supreme
Court, I think (or whatever name belongs to the High Court and the Court
of Appeal once they rename the House of Lords "the Supreme Court" - very
confusing stuff).
Nicholas
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