FC: UK proposal fails to make RIP act (even more) Draconian

[Declan McCullagh <declan () well com>]

********

From: "Caspar Bowden" <cb () fipr org>
To: "'Declan McCullagh'" <declan () well com>
Subject: For Politech: Attempts to make UK RIP Act more draconian
Date: Wed, 28 Mar 2001 00:36:27 +0100
        
RIPlist Bulletin 27/3/2001 (Politech version)
==========================

An amendment designed to make the UK's infamous Regulation of Investigatory
Powers (RIP) Act 2000 even more draconian was briefly proposed by a
backbench MP as part of another crime bill, but was rejected on 14th March.

It would have increased the penalty to ten years for failure to decrypt
material seized under the Protection of Children Act 1978.

If accepted, the amendment would have meant that failure to decrypt material
seized under a particular act of parliament, could be punished much more
severely than material acquired under other powers, with no stronger
evidence that the material was in fact child pornography.

The RIP Act became law last year amid huge controversy, and is now being
implemented in stages.

Unlike the FBI's Carnivore system, the legislation can compel ISPs to
install a permanent interception capability, hardwired to a monitoring
centre in the Security Service (MI5) building. New trawling warrants permit
mass-surveillance of communications, targeted against persons inside the UK,
which may effectively require ISPs and telcos to connect their backbones to
ECHELON.

>From October, failure to provide a decryption key in connection with any
crime can be punished by two years imprisonment, and any public authority
may seek a court order demanding decryption even from those not suspected of
any crime. "Decryption notices" can be served with a lifetime gagging order
prohibiting public protest, punishable with five years imprisonment if
breached.

Complaints and appeals are heard by a special Tribunal, which can hear
secret evidence in separate sessions from the complainant. There is no right
to cross-examination or to a summary of secret evidence.

Further details at the RIP Information Centre: www.fipr.org/rip
--
Caspar Bowden               Tel: +44(0)20 7354 2333
Director, Foundation for Information Policy Research




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