Facebook/Twitter etc "bans"
zenadsl6186 at zen.co.uk
Sun Aug 14 23:34:18 BST 2011
Andrew Cormack wrote:
>> In article <4E4597FE.1080807 at zen.co.uk>, Peter Fairbrother
>> <zenadsl6186 at zen.co.uk> writes
>>> Logging traffic so that the Police can see the logs would
>>> undoubtedly be interception (either monitoring traffic or
>>> modifying the system or more probably both) and it would not
>>> be lawful under 3(3) afaics
> If I'm reading it correctly RIPA s22(4)(a) may allow the police to
> order future collection of traffic data (but not content): "if the
> operator is not already in possession of the data, to obtain the
> data". I've never heard of that power being used, so maybe I've
> misunderstood and it just refers to fetching existing comms data from
> somewhere else?
AFAICS it includes ordering the collection of future data - after all
the orders are dated and last 4 weeks, and can be renewed, so that may
well be the intention - and indeed I think it has in the past been used
for that purpose.
However since the ISPs started to keep traffic/comms data anyway, there
isn't a great deal of point now.
There are a raft of regulations about the use of s.22(4), which may
have made using it in that way a little problematic.
-- Peter Fairbrother
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