RIPA and file-sharing??
Peter Fairbrother
ukcrypto at chiark.greenend.org.uk
Thu, 31 Jan 2008 19:56:40 +0000
Nicholas Bohm wrote:
> 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).
Hmmm - any idea how this relates to the recent EU Courts of Justice ruling?
-- Peter Fairbrother