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FT 5/5/2000: "Business lobbies against e-mail intercept

------- Forwarded message follows ------- From: "Caspar Bowden" <cb@fipr.org> To: "Ukcrypto \(E-mail\)" <ukcrypto@maillist.ox.ac.uk> Subject: FT 5/5/2000: "Business lobbies against e-mail intercept plans" Date sent: Mon, 5 Jun 2000 13:24:53 +0100 Send reply to: ukcrypto@maillist.ox.ac.uk

http://news.ft.com/ft/gx.cgi/ftc?pagename=View&c=Article&cid=FT3YXFO73 9C&liv e=true&useoverridetemplate=IXLZHNNP94C UK groups attack e-mail plans By Carlos Grande and Jean Eaglesham Published: June 4 2000 23:45GMT | Last Updated: June 5 2000 09:41GMT

INTERNET FEARS THAT COMPANIES MAY FACE LIABILITY CLAIMS:

Business leaders have launched a last-minute campaign - against controversial government proposals on intercepting e-mail - to prevent companies being exposed to potentially huge liability claims.

The British Chambers of Commerce warns that the measures could leave City firms liable to civil suits for damages resulting from interception of documents.

The BCC is pressing for significant changes to the regulation of investigatory powers bill to protect companies. The Alliance for Electronic Business, a cross-industry group which includes the Confederation of British Industry, is also calling for companies to be indemnified against the risk.

The lobbying reflects mounting criticism that the bill is being rushed through parliament without scrutiny of its long-term impact on internet use by businesses. Concerns over the bill - now before peers - have come from the Post Office, Sun Microsystems, Internet Service Providers' Association and the government's former adviser on e-commerce.

All support the Home Office's attempts to tackle use of electronic encryption among criminals. But they have criticised wide-ranging powers for police and government officials.

These require internet service providers to be able to intercept, on behalf of law enforcement agencies, any electronic messages they carry. They will also compel businesses or individuals to provide, on request, un-scrambled electronic documents or the software "keys" used to encode them.

Anyone failing to comply faces up to two years in jail and there is a similar "tipping off" penalty for revealing that a key request was made. Individuals claiming they had lost, forgotten or never knew their key would have to prove this - a reversal of the usual burden of proof.

The BCC believes that banks or law firms that surrender keys used to encrypt private client documents would be at risk from damages suits for breach of confidentiality.

It wants law enforcement agencies to be made "clearly liable in civil law" for damages resulting from misuse of a surrendered key.

The Alliance for Electronic Business is also asking for a government compensation scheme for internet service providers against similar claims.

Chris Humphries, director-general of the BCC, said: "We are passing this legislation in London, where the financial services sector is crucial to the economy, as is the whole issue of trust between banks and clients.

"If we don't amend the bill to avoid exposing UK companies and their clients to risk, other countries will use this as a marketing ploy to lure business away

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