FC: More on U.K. anti-terrorism imperils hackers, privacy, property

[Declan McCullagh <declan () well com>]

[My read of the law, which I don't think disagrees with Caspar's, is that 
some of the more brutal warrantless search-and-seizure rules apply only to 
northern Ireland, but the "anti-hacker" definitions apply to anyone in the 
U.K. --Declan]

*******

From: "Caspar Bowden" <cb () fipr org>
To: "'Declan McCullagh'" <declan () well com>
Subject: Please could you circulate this ?
Date: Mon, 30 Jul 2001 11:42:20 +0100
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As a matter of record, it should be noted that about half the powers
referred to in the cluebot posting as being part of a "U.K. law"
(appended below) do not apply to mainland UK, but are specific to
Northern Ireland. (This isn't in any way a defence of the Terrorism Act,
just a statement f fact)

http://www.legislation.hmso.gov.uk/acts/acts2000/00011--i.htm#130
"130. - ...
      (3) The following shall extend to Northern Ireland only-
      (b) Part VII..." (Sections 65-113)

(you can re-post to Politech)
--
Caspar Bowden                           www.fipr.org
Director, Foundation for Information Policy Research
Tel: +44(0)20 7354 2333

> EXCERPTS FROM TERRORISM ACT:
....
> Arrest of suspected terrorists power of entry.  81. A constable may
> enter and search any premises if he reasonably suspects that a
> terrorist, within the meaning of section 40(1)(b), is to be found
> there.
..
> Terrorist information.  103. - (1) A person commits an offence if- (a)
> he collects, makes a record of, publishes, communicates or attempts to
> elicit information about a person to whom this section applies which
> is of a kind likely to be useful to a person committing or preparing
> an act of terrorism, or (b) he possesses a document or record
> containing information of that kind.
...
> Possession onus of proof.  77. - (1) This section applies to a trial
> on indictment for a scheduled offence where the accused is charged
> with possessing an article in such circumstances as to constitute an
> offence under any of the enactments listed in subsection (3).
>       (2) If it is proved that the article-
>   (a) was on any premises at the same time as the accused, or
>   (b) was on premises of which the accused was the occupier or which
he
> habitually used otherwise than as a member of the public,
> the court may assume that the accused possessed (and, if relevant,
> knowingly possessed) the article, unless he proves that he did not
> know of its presence on the premises or that he had no control
> over it.
>
> Explosives inspectors.  85. - (1) An explosives inspector may enter
> and search any premises for the purpose of ascertaining whether any
> explosive is unlawfully there.  (2) The power under subsection (1) may
> not be exercised in relation to a dwelling.
>
> Power of entry.  90. - (1) An officer may enter any premises if he
> considers it necessary in the course of operations for the
> preservation of the peace or the maintenance of order.
>
> Power to stop and question. 89. - (1) An officer may stop a person
> for so long as is necessary to question him to ascertain-
> (a) his identity and movements;
> (b) what he knows about a recent explosion or another recent
> incident endangering life;
> (c) what he knows about a person killed or injured in a recent
> explosion or incident.
> (2) A person commits an offence if he-
> (a) fails to stop when required to do so under this section,
> (b) refuses to answer a question addressed to him under this section,
or
> (c) fails to answer to the best of his knowledge and ability a
> question addressed to him under this section.
> (3) A person guilty of an offence under this section shall be liable
> on summary conviction to a fine not exceeding level 5 on the standard
> scale.
> (4) In this section "officer" means-
> (a) a member of Her Majesty's forces on duty, or
> (b) a constable.




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