Blackberry and

Peter Fairbrother zenadsl6186 at zen.co.uk
Sat Jul 18 23:59:21 BST 2009


Peter Sommer wrote:
> signup at bealoid.co.uk wrote:
>> Question first, because there's a huge chunk of text.
>>
>> q: Imagine some telco did similar in England.  What laws would they
>> have broken, what would happen to that telco, would individuals have
>> any avenue for action?
>>
> Under s 12 RIPA the Secretary Of State (the Home Secretary) can order
> Communications Service Providers to provide and maintain an interception
> capability and in practice the Home Secretary does so and the CSPs
> comply. .  Under s 4 RIPA the same Secretary of State can issue warrants
> for "lawful interception".   Provided that the interception is carried
> out under warrant, no UK law is broken.  Nearly all countries have
> similar laws.
> 

In the UK it would depend on why the modification is done.

If the ISP has been ordered to do it by a notice under the Regulation of 
Investigatory Powers (Maintenance of Interception Capability) Order 
2002, then it's legal - if not, it would most definitely be illegal (it 
would be interception).

-- Peter Fairbrother




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