[mailto:owner-politech@politechbot.com] On Behalf Of Declan McCullagh Sent: 15 November 2001 05:38 .. Subject: FC: U.K. may order firms to record Net-traffic, ban anon remaiers? .. If I may, permit me to pose a question to the U.K. lawyers on this list:

Does this give the Secretary of State the power to ban anonymous remailers operating inside the U.K.?

Not as such

(Or, more precisely, limit their utility by requiring record-keeping, identity escrow.)

Yes exactly (but not a lawyer BTW). It's in interaction of ATCS Bill Clause 102 and RIP Act 200 S.2.1 (full monty appended) It doesn't require identity escrow per se, but it can instruct all or particular ISPs to retain arbitrary "communications data", as defined by RIP S.21, which includes "traffic data" as a subcategory. The definitions can be argued until they make no sense at all (http://www.hmso.gov.uk/acts/acts2000/00023--c.htm#21), so it would be interesting to try and think of a remailer than eluded the definition of "communications data".

I'm not saying, of course, that the secretary would choose to exercise that authority

Heaven forfend

-- at least not right away. The question is whether that authority would exist.

It would, and an option to renew every two years.

Seems to me that "communications providers" may be defined broadly enough for that to be the case.

The really bad news is that it's not just ISPs - you don't have to be providing a "telecommunications service" to the public, you just have to be providing it at all to anyone - even in a private contract or informal arrangement. If you a peer in a peer-to-peer network you can be ordered to log. It's Fink-o-matic ! New this Xmas. -- Caspar Bowden www.fipr.org Director, Foundation for Information Policy Research Tel: +44(0)20 7354 2333 "105 Interpretation of Part 11 (1) In this Part "communications data" has the same meaning as in Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23); "communications provider" means a person who provides a postal service or a telecommunications service; "legal proceedings", "postal service" and "telecommunications service" each has the same meaning as in that Act..." And "102 Directions about retention of communications data (1) If, after reviewing the operation of any requirements contained in the code of practice and any agreements under section 101, it appears to the Secretary of State that it is necessary to do so, he may by order made by statutory instrument authorise the giving of directions under this section. (2) Where any order under this section is in force, the Secretary of State may give such directions as he considers appropriate about the retention of communications data (a) to communications providers generally; (b) to communications providers of a description specified in the direction; or (c) to any particular communications providers or provider. (3) An order under this section must specify the maximum period for which a communications provider may be required to retain communications data by any direction given under this section while the order is in force. (4) Before giving a direction under this section the Secretary of State shall consult (a) with the communications provider or providers to whom it will apply; or (b) except in the case of a direction confined to a particular provider, with the persons appearing to the Secretary of State to represent the providers to whom it will apply. (5) A direction under this section must be given or published in such manner as the Secretary of State considers appropriate for bringing it to the attention of the communications providers or provider to whom it applies. (6) It shall be the duty of a communications provider to comply with any direction under this section that applies to him. (7) The duty imposed by subsection (6) shall be enforceable by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36), or for any other appropriate relief. (8) The Secretary of State shall not make an order under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House." And..(yawn) RIP Act 2000 S.2 http://www.hmso.gov.uk/acts/acts2000/00023--b.htm#2 "telecommunications service" means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service); and "telecommunication system" means any system (including the apparatus comprised in it) which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy. --- ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ ------------------------------------------------------------------------- ----- End forwarded message -----