RIPA and file-sharing??

[Nicholas Bohm]

Peter Fairbrother wrote:
> 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?

Beyond my ken.  I didn't think the ECJ had decided that member states
couldn't confer such a power, and if so then no change.

Nicholas
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