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[FYI] (Fwd) FC: U.K. may order firms to record Net-traffic, ban anon remaiers?




------- Forwarded message follows -------
Date sent:      	Thu, 15 Nov 2001 00:37:32 -0500
To:             	politech@politechbot.com
From:           	Declan McCullagh <declan@well.com>
Subject:        	FC: U.K. may order firms to record Net-traffic, ban anon remaiers?
Copies to:      	jan.fermon@skynet.be, office@statewatch.org
Send reply to:  	declan@well.com

It's a little unclear from Statewatch's website what the status of
this bill is, but I gather it's been introduced in Parliament as
recently as this week. You can find the text here:
http://www.statewatch.org/news/2001/nov/08terrorbill.htm

Here's the section on data retention:
>The Secretary of State shall issue, and may from time to time revise,
>a code of practice relating to the retention by communications
>providers of communications data obtained by or held by them... It
>shall be the duty of a communications provider to comply with any
>direction... 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.

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.? (Or, more precisely, limit their
utility by requiring record-keeping, identity escrow.) I'm not saying,
of course, that the secretary would choose to exercise that authority
-- at least not right away. The question is whether that authority
would exist. Seems to me that "communications providers" may be
defined broadly enough for that to be the case.

See also:

"Europe set to nix Bush request, not require ISP data retention"
http://www.politechbot.com/p-02789.html

-Declan

---

From: John Armitage <john.armitage@unn.ac.uk>
To: "'declan@well.com'" <declan@well.com>
Subject: UK anti-terrorism proposals & other news from Statewatch
Date: Wed, 14 Nov 2001 16:13:59 -0000

[Declan, no military tribunals in the UK -- yet. But, we are getting
there... John] ===================================================


Statewatch News Online, 14 November 2001
See: <http://www.statewatch.org/news>

UK ANTI-TERRORISM BILL PUBLISHED

The UK government has published its "Anti-terrorism, crime and
security Bill". For research and information purposes Statewatch
has broken the Bill down below into Sections (with smaller "pdf"
sizes):

1. Immigration and asylum and race and religion (Part 4, Sections
21-42) 2. Police powers, Northern Ireland, MOD and transport police
(Part 10, Sections 88-100) 3. Retention of telecommunications data
(Part 11, Sections 101- 105) 4. EU Third pillar, Terrorism Act 2000
(Part 13, Sections 109-119) 5. Schedules: these contain additional
changes which may be relevant to above

Analysis of this lengthy Bill will follow.

DEMOCRATIC RIGHTS MUST NOT BECOME THE COLLATERAL
DAMAGE CAUSED BY THE WAR AGAINST TERRORISM

A group of lawyers have drawn up an "Appeal" to the European
Parliament to reject the proposal by the European Commission
which seeks to introduce a binding Framework Decision
introducing a definition of "terrorism" which would seriously
threaten democratic rights and the "freedom of association, the
right to strike and freedom of expression". The "appeal" has
already been signed by 82 lawyers from six countries and is open
to lawyers, organisations and others to sign up to - by sending an
e-mail to: jan.fermon@skynet.be

The text of the "appeal" is available in most EU languages.




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