Consultation on change to RIP interception definition
Andrew.Cormack at ja.net
Thu Nov 11 09:01:03 GMT 2010
> -----Original Message-----
> From: ukcrypto-bounces at chiark.greenend.org.uk [mailto:ukcrypto-
> bounces at chiark.greenend.org.uk] On Behalf Of joel at jdh.myzen.co.uk
> Sent: 11 November 2010 01:12
> To: UK Cryptography Policy Discussion Group
> Subject: RE: Consultation on change to RIP interception definition
> Andrew Cormack <Andrew.Cormack at ja.net> wrote :
> > Apologies if I'm missing something, but does the consultation
> document, or
> > anything else, reveal what the proposed "changes to section 3(1)"
> actually are?
> > As far as I can see the only statement is that they will "remove the
> > which is nice, but if I'm going to comment on whether I agree with
> the proposed
> > changes then I'd rather like to know what the new text will look
> I agree - it's pretty tough to argue with the objective of removing
> ambiguity, but the document doesn't actually make clear how this will
> be achieved.
Hmmm. It's tempting to reply to the HO's consultation question of "how will this affect CSPs?" by saying that it'll make 3(1) useless since, as discussed on the list last time around, the CSP will never know whether the "person" who indicated consent (however that's implemented) is still the "person" sitting at the keyboard. Not just the question of whether the "subscriber" has consented on behalf of all users of the account, but whether one user has handed the keyboard to another since clicking "I agree" :(
Actually I'm struggling to think how a 3(1) that was dependent on the *fact* of whether that person had consented (which I think would be the effect of deleting the "reasonable belief" clause: Francis?) could ever be safely relied on by anyone. So maybe the net effect of the proposed change will actually be to delete the whole of 3(1)???
On another topic: does anyone know if Ireland has an equivalent of RIPA Pt III?
Andrew Cormack, Chief Regulatory Adviser, JANET(UK)
Lumen House, Library Avenue, Harwell Science and Innovation Campus, Didcott. OX11 0SG UK
Phone: +44 (0) 1235 822302
JANET, the UK's education and research network
JANET(UK) is a trading name of The JNT Association, a company limited
by guarantee which is registered in England under No. 2881024
and whose Registered Office is at Lumen House, Library Avenue,
Harwell Science and Innovation Campus, Didcot, Oxfordshire. OX11 0SG
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