RIPA and file-sharing??

[Peter Fairbrother]

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?

Nope; from a recently sent email:

"Part I of RIPA (which covers interception) makes unauthorised 
interception an offence, and says what interception is, when it is 
allowed, etc. The only even vaguely relevant clause is in Part 1. 
Section 2(5) says that obtaining communications data is not an interception.

However that is, in this case, pretty obvious (though elsewhere in Part 
I they stretch the meaning of the word beyond recognition), as no-one is 
intercepting anything when they give out IP addresses.



Part IIa of RIPA (which covers the disclosure of communications data) 
does give "designated persons" the authority to demand comms data - but 
these persons are all policemen and the like, not lawyers acting for 
MPAA/RIAA etc.

Unfortunately Part IIa of RIPA doesn't make it an offence otherwise to 
disclose comms data (unlike interception, in part I) - that is left to 
the Data Protection Act.

I don't know exactly under what authority the Courts issue warrants to 
obtain this data, but it doesn't come from RIPA. There is no mention of 
it there."



not sure about the DPA bit ...

-- Peter Fairbrother