From otcbn at callnetuk.com  Wed May 23 11:46:59 2012
From: otcbn at callnetuk.com (Peter Mitchell)
Date: Wed, 23 May 2012 11:46:59 +0100
Subject: HMRC investigatory powers
Message-ID: <4FBCC023.9060806@callnetuk.com>

http://www.rossmartin.co.uk/index.php/investigations/investigation-news/895-online-auction-sites-served-with-disclosure-notices

"In March 2012 ... HMRC issued online auction sites with information request notices under Section 18A(2) TMA 1970 to provide details of their member lists. The move is significant: if it had waited until April 2012, it would have to use different powers. There is no right of appeal to a tribunal under s18A ... The term "register" in s18A is not defined and so it takes its normal meaning ... S18A is more commonly used by HMRC to obtain details of licence holders, such as market traders from councils ... For a s18A notice to be valid it must in the inspector's reasonable opinion be relevant to any tax liability to which a person is or may be subject or the amount of any such liability." [source Nichola Ross Martin]


The vast majority of people on the e-marketplaces' user lists will not, of course, be liable for any tax at all on their dealings. Hence HMRC's use of an old disclosure power without right of appeal, and without apparent regard for RIPA as a replacement for legacy powers.

-- 
Peter Mitchell


From mozolevsky at gmail.com  Wed May 23 23:07:45 2012
From: mozolevsky at gmail.com (Igor Mozolevsky)
Date: Wed, 23 May 2012 23:07:45 +0100
Subject: [Finland] Open WIFI owner not liable for infringement
Message-ID: <CADWvR2j6n75juE1cWkQnYuX7dQ+on2WK+vyycOS+rG5Yg9vgrQ@mail.gmail.com>

From: http://www.turre.com/2012/05/finnish-court-open-wifi-owner-not-liable-for-file-sharing-copyright-infringement/



"In a landmark ruling, a Finnish District Court (Ylivieskan
k?r?j?oikeus) has today clarified the legal status of WiFi owners for
internet file-sharing in the light of various pieces of EU
legislation..."



-- 
Igor M. :-)


From fjmd1a at gmail.com  Thu May 24 00:09:23 2012
From: fjmd1a at gmail.com (Francis Davey)
Date: Thu, 24 May 2012 00:09:23 +0100
Subject: [Finland] Open WIFI owner not liable for infringement
In-Reply-To: <CADWvR2j6n75juE1cWkQnYuX7dQ+on2WK+vyycOS+rG5Yg9vgrQ@mail.gmail.com>
References: <CADWvR2j6n75juE1cWkQnYuX7dQ+on2WK+vyycOS+rG5Yg9vgrQ@mail.gmail.com>
Message-ID: <CAEWR3ksvNUDVQWVEnAigqYXuVVkz4dxaORG2NfGadbgikHQupQ@mail.gmail.com>

2012/5/23 Igor Mozolevsky <mozolevsky at gmail.com>:
> From: http://www.turre.com/2012/05/finnish-court-open-wifi-owner-not-liable-for-file-sharing-copyright-infringement/
>
> "In a landmark ruling, a Finnish District Court (Ylivieskan
> k?r?j?oikeus) has today clarified the legal status of WiFi owners for
> internet file-sharing in the light of various pieces of EU
> legislation..."
>

This is essentially what I said at UKNOF in May:

It seems clear to me that a wifi owner cannot be liable for
infringement of the reproduction right or for authorising any
infringing act. There's a long line of authority which, I think, makes
that quite clear. They aren't copying and merely because someone is
able to use the wifi for something unlawful, doesn't taint the owner
with the conduct.

It also seems clear that there cannot be any liability in negligence
or on some other theory outside the Copyright Act.

That leaves infringement of the making available/communication to the
public right. I am quite sure that is also not infringed.

So the Finnish court's decision seems right.

Specific points:

* Obviously the matter will be quite different where the wifi owner
colludes or encourages in some other way. Setting up a cafe called
"the Pirate Cafe", posting up instructions on how to P2P file share
and advertising yourself as "a great place to download the latest
films", almost certainly *would* amount to authorisation etc.

* The law does not rule out the possibility of an injunction.
Injunctions can, _in principle_, be granted in all sorts of
circumstances, but in practice a court is not going to grant one
except in very specific circumstances for example where the wifi
operator carried on its business on a commercial scale, there was
widespread copyright infringement, it would be reasonably practical to
stop by some means, and so on. Don't wait up.

-- 
Francis Davey


From igb at batten.eu.org  Thu May 31 16:25:37 2012
From: igb at batten.eu.org (Ian Batten)
Date: Thu, 31 May 2012 16:25:37 +0100
Subject: Data collection in government
Message-ID: <C674F26F-28C1-48D2-96AA-43EF0FC9D147@batten.eu.org>

Does any know what the source is for the logged copies of all the text messages between Jeremy Hunt and assorted members of his circle?  Is the government logging all text messages from ministers, Spads and so on?

ian



From pwt at iosis.co.uk  Thu May 31 17:45:10 2012
From: pwt at iosis.co.uk (Peter Tomlinson)
Date: Thu, 31 May 2012 17:45:10 +0100
Subject: Data collection in government
In-Reply-To: <C674F26F-28C1-48D2-96AA-43EF0FC9D147@batten.eu.org>
References: <C674F26F-28C1-48D2-96AA-43EF0FC9D147@batten.eu.org>
Message-ID: <4FC7A016.6020805@iosis.co.uk>

In railway circles, a SPAD is a Signal Passed At Danger.

Peter

On 31/05/2012 16:25, Ian Batten wrote:
> Does any know what the source is for the logged copies of all the text messages between Jeremy Hunt and assorted members of his circle?  Is the government logging all text messages from ministers, Spads and so on?
>
> ian


From otcbn at callnetuk.com  Thu May 31 16:41:18 2012
From: otcbn at callnetuk.com (Peter Mitchell)
Date: Thu, 31 May 2012 16:41:18 +0100
Subject: Data collection in government
In-Reply-To: <C674F26F-28C1-48D2-96AA-43EF0FC9D147@batten.eu.org>
References: <C674F26F-28C1-48D2-96AA-43EF0FC9D147@batten.eu.org>
Message-ID: <4FC7911E.4050800@callnetuk.com>

Ian Batten wrote:
> Does any know what the source is for the logged copies of all the
> text messages between Jeremy Hunt and assorted members of his circle?
> Is the government logging all text messages from ministers, Spads and
> so on?


Judging by reports of (unrelated) trials, all SMS messages seem to be retained for long enough to be retrievable by the authorities. I presume they are kept by the phone company and disclosed on production of a court order. 


From bdm at fenrir.org.uk  Thu May 31 18:51:15 2012
From: bdm at fenrir.org.uk (Brian Morrison)
Date: Thu, 31 May 2012 18:51:15 +0100
Subject: Data collection in government
In-Reply-To: <C674F26F-28C1-48D2-96AA-43EF0FC9D147@batten.eu.org>
References: <C674F26F-28C1-48D2-96AA-43EF0FC9D147@batten.eu.org>
Message-ID: <20120531185115.00006ea2@surtees.fenrir.org.uk>

On Thu, 31 May 2012 16:25:37 +0100
Ian Batten <igb at batten.eu.org> wrote:

> Does any know what the source is for the logged copies of all the
> text messages between Jeremy Hunt and assorted members of his
> circle?  Is the government logging all text messages from ministers,
> Spads and so on?

Presumably they are logged by the CSP, in this case the mobile network
providing JH with his mobile services. Pretty sure all UK networks
store and record a myriad of data about each SIM's activities.

-- 

Brian Morrison