The Data Retention (EC Directive) Regulations 2009

[Richard Clayton]

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In article <2F612EFC-F71C-4241-B2C5-A00FD2F2E937@batten.eu.org>, Ian
Batten <igb@batten.eu.org> writes

>That's going to be an interesting question for JANET.  

A great advantage of the procedure that the Home Office have decided
upon is that JANET needs to make no decision -- they just watch the
postbox looking for a notice...

I doubt JANET will worry over much since they're not a public
telecommunications provider -- as defined by the Communications Act
(which is where you need to wander to find the definitions); and so if a
notice did turn up they would presumably challenge it in court.

>There's no  
>central JANET mail infrastructure, so they can do no data retention  
>worth talking about for that, and I think those pan-JANET web caches  
>of yore have pretty much died a death, although I could be wrong. 

There is no data retention requirement for web caches under the
Regulations (so all the ATCSA volunteers (who they?) can presumably stop
hanging on to the data for a few days)

>And yet not merely are some of our larger Universities equivalent in  
>size to a mid-size ISP, but one their demographic is probably if  
>anything more of interest to the security services (lots of non-UK  
>citizens) than a typical ISP.  But doing business with every academic  
>institution might be quite an entertainment...

JANET is not caught under s12 of RIPA (requirement to be intercept-
ready) so this lack of coverage is hardly new

- -- 
richard                                                   Richard Clayton

Those who would give up essential Liberty, to purchase a little temporary 
Safety, deserve neither Liberty nor Safety. Benjamin Franklin 11 Nov 1755

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