RIPA and file-sharing??

[Peter Fairbrother]

Nicholas Bohm wrote:
> 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.

Yep, that's what I thought too.

Thanks,

-- Peter