Peter Fairbrother zenadsl6186 at zen.co.uk
Tue Jun 19 02:17:59 BST 2012

Francis Davey wrote:
> 2012/6/19 Peter Fairbrother <zenadsl6186 at zen.co.uk>:
>> I'll repeat my question then, Oh shill - are there any circumstances in the
>> draft Act under which s.11 ever gets invoked?
> I still don't understand why you feel the need to be rude to me. It is
> not a nice or productive thing to do. I have gone over what I said and
> don't see anywhere that I have been hostile or unpleasant to you.

Sorry about that. But not really all that very sorry, as I wasn't that 
hostile, or at least I didn't mean to be. See my other post.

When I'm really hostile your screen (or chair) explodes.


> Example circumstances:
> [1] The Secretary of State designates local authorities as "relevant
> public authorities" (as was done by 2003/3171 to RIPA - so it is not
> an implausible possibility).
> [2] A designated senior officer of a relevant public authority wants
> to authorise the obtaining of subscriber data from a
> telecommunications operator that the operator was holding as a matter
> of course (i.e. not because of an order under clause 1).
> [3] The officer gives the authorisation.
> [4] If anyone wants to use that authorisation (eg by giving notice to
> the operator to produce the data) they will have to first obtain
> judicial approval.
> I understood that clause 11 was suggested by proponents of the bill as
> being a "safeguard" and therefore useful. In fact the figures from the
> last Interception of Communications Commissioner show that less than
> 2,000 requests were made in 2009 by local authorities, which suggests
> that they were not a particularly significant player in the Part II
> RIPA field anyway. Clause 11 is therefore not a particularly
> significant provision in the scheme of things.
> Is that what you meant?

No, I meant when is clause 11 invoked _by_the_Act_?

When does a demand *have* to be Judicially authorised under the Act? - 
and afaics, it's never.

Some "safeguard".

I'd like to be proved wrong ..

Or. and let's get right down to it - suppose the HS wants to set GCHQ 
(or whoever) up as a filtering service, and demands of the IPSs that all 
UK internet traffic gets passed to them so GCHQ can filter it for comms 

Is there anything in the draft Act which would prevent that?

'Cos if there is I still haven't seen it. And that's what they were 
asking for.

Again, I'd like to be proved wrong ..

-- Peter F

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