'Today' considers data retention and IMP

[Richard Clayton]

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In article <732076a80901091234n35267c93i9574ccb0440c06b8@mail.gmail.com>
, Benjamin Donnachie <benjamin@py-soft.co.uk> writes

>2009/1/9 Chris Edwards <chris-ukcrypto@lists.skipnote.org>:
>> I have recent experience of a case where uk.police served a notice (RIPA
>> s22 I assume) on UK offices of a very large far-eastern email provider,
>> and got the comms data they wanted - which I'm pretty confident was
>> physically held abroad.
>
>In my experience, major non-UK email providers will assist the UK
>police even though the police probably aren't entitled to the data.

That's my experience too, for material wanted on an intelligence
basis... albeit for any evidence that is to be presented to the court
the Official MLAT process (with all its delays) will be employed.

I know of one large ISP who for some considerable time had no equipment
in Europe at all, but that would accept paperwork in various European
countries and provide the data from the USA. They would operate
different regimes for these various countries in terms of what they
would hand over and what paperwork they required (following the norms
for other ISPs in those various countries) even though the data being
sought was sitting on exactly the same spinning media with identical
access controls in the land of the free!

Cyberspace can have some quite remarkable properties when it interacts
with the real world -- and usually no-one is so foolish as to peek
behind the curtain to determine what the machinery actually looks like.

Recall Ian Batten's comments about "law abiding criminals", there's an
equivalent chimera of "law abiding paperwork" :)

- -- 
richard                                              Richard Clayton

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety.         Benjamin Franklin

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