FW: Changes to Councils' RIPA Powers

Roland Perry lists at internetpolicyagency.com
Thu Jan 27 09:20:47 GMT 2011

In article <61E52F3A5532BE43B0211254F13883AE03902D at EXC001>, Andrew 
Cormack <Andrew.Cormack at ja.net> writes
>Forwarded with permission from the JISCmail data protection list, 
>thanks to Ibrahim

The proposal is doomed, because it already contains the thin end of a 
wedge (or alternatively a frog boiler) "underage sales of alcohol and 
tobacco". The criminal justice system either ranks the seriousness of 
offences by the maximum custodial sentence, or it doesn't. If, as is 
implied, these two offences don't carry a six month maximum, it's a bit 
rich to start cherry-picking them: "nevertheless we need these powers", 
so let's make an exception".

Incidentally, I still don't agree with the characterisation of a ban 
["don't do surveillance unless..."] as a "power", but it seems this meme 
is as well entrenched as "identity theft" and other well known 
distraction nomenclature.

On the other hand, acquiring comms data *is* a power. Are they proposing 
to amend all the "other powers" (for example contained in various 
anti-fraud legislation) to make it clear they can't be used for comms 
data. Currently, as I understand it, the use of "other powers" (for 
comms data) is deprecated by the Home Office and CSPs, but maybe local 
authorities still try to use them?


>Andrew Cormack, Chief Regulatory Adviser, JANET(UK)
>Lumen House, Library Avenue, Harwell, Didcot. OX11 0SG UK
>Phone: +44 (0) 1235 822302
>Blog: http://webmedia.company.ja.net/edlabblogs/regulatory-developments/
>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
>> -----Original Message-----
>> From: This list is for those interested in Data Protection issues
>> [mailto:data-protection at JISCMAIL.AC.UK] On Behalf Of Ibrahim Hasan
>> Sent: 26 January 2011 16:19
>> To: data-protection at JISCMAIL.AC.UK
>> Subject: Changes to Councils' RIPA Powers
>> Today (26th Jan 2011) the Home Office published its long awaited review
>> of counter-terrorism and security powers.  The main documents can be
>> found on the Home Office website:
>> http://twurl.nl/z132oa
>> Amongst all the headlines and controversy about control orders, it is
>> easy to miss the proposed changes  to local authorities' powers to
>> carry out surveillance under  RIPA.
>> The key changes recommended by the review are discussed on my blog:
>> http://www.informationlaw.org.uk/page8.htm#85488
>> Our next RIPA Update workshops will examine these proposals in details
>> and help you prepare for them.
>> More Details: http://www.actnow.org.uk/courses/RIPA/Surveillance_Law
>> Regards
>> Ibrahim Hasan
>> Solicitor and Director
>> Act Now Training Limited
>> www.actnow.org.uk
>> www.informationlaw.org.uk
>> http://twitter.com/ActNowTraining
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Roland Perry

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