Blackberry and
Peter Sommer
peter at pmsommer.com
Sun Jul 19 07:50:30 BST 2009
"I agree there is a mechanism for requiring the logging of traffic data
(though I doubt it includes the content of sms messages), but it's not
s. 12. Anyone know what it is? "
S 12 is about interception capability: in other words, the LE goes to
the CSP and says: "here is a warrant signed by the Home Sec, I want a
feed of content from you corresponding to the scope of the warrant".
S12 says the CSP has to have that capability.
Communications data is retained by the CSP (as opposed to being
discarded when there is no longer any regular business reason for
holding on to it) and is released when it receives an appropriate
authorisation under Part 1 Chapter II of RIPA (ss 21-25). The
requirement to retain and is the product of a series of laws, initially
ATSCA, more recently the implememtation of a EU Directive.
At the slight risk of immodesty: all of this historic, techncical and
legal stuff is in the LSE IMP Briefing:
http://www.lse.ac.uk/collections/informationSystems/research/policyEngagement/IMP_Briefing.pdf
which also explains and analyses the Home Office's current proposals.
There is even a reference to the company ss8 which is mentioned to in
the original article about Blackberry in the UAE.
Peter Sommer
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