RIPA S.12(7) and other pressure points
zenadsl6186 at zen.co.uk
Sat Jun 14 21:53:33 BST 2014
On 11/06/14 15:11, Nicholas Bohm wrote:
> On 11/06/2014 12:40, Ian Batten wrote:
>> 2. This thanks to Julian Huppert when we asked him about this on Monday. Could S.94 of the Telecommunications
>> Act be engaged to try to convince the operator to modify their network? As amended, S.94(8) limits this to
>> "providers of public electronic communications networks". As Julian pointed out, "telecommunications networks" aren't
>> defined in the 1984 Act; further reading of the history of S.94(8) implies that the meaning from S.32 of the
>> Communications Act 2003 applies, which would cover pretty well any imaginable service offered at scale.
> Anything at all can be ordered, provided it is proportionate, and that
> must include modifying the service.
I don't agree - the SoS can't order you to murder your wife under s.94,
for example. Directions under s.94 can only be to make or not make
lawful actions (except as in 94(3), not relevant here).
-- Peter F
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