Investigatory Powers Act - Government mandated backdoors

Roland Perry lists at internetpolicyagency.com
Mon Dec 5 07:49:08 GMT 2016


In article <f8ceebc9-5da2-792f-0240-70b22db384c5 at zen.co.uk>, Peter 
Fairbrother <zenadsl6186 at zen.co.uk> writes

>Subsection 262 (13) ‚ÄúTelecommunication system‚ÄĚ means a system [..] 
>that exists [..] for the purpose of facilitating the transmission of
>communications [..].
>
>A typical website, perhaps with shopping facilities? Is the purpose of 
>that to get shopping orders, or to facilitate the transmission of
>communication of shopping orders?

There's an invisible "primary" in front of "purpose", because virtually 
everything has more than one purpose. The subsection above is 
channelling a subsection of RIPA which was introduced at the behest of 
the banks to quell fears that they could have to install permanent 
intercept capability if their online banking apps had a "message us" 
facility.

 > would [definitions in the Act] include Apple, Facebook, Twitter etc?

Those companies would have to ask the Home Office (I'm sure they will 
have done) at some point earlier this year, and if unhappy with the 
answer could have lobbied for amendments (afaict they didn't); and if 
any warrants to install the intercept capability turn up, that they 
don't agree with, then their reassuringly expensive lawyers will no 
doubt invoke the various appeals processes.
-- 
Roland Perry



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