FITUG e.V. Förderverein Informationstechnik und Gesellschaft

BAD NEWS :( Government amendments reinforce Big Browser

------- Forwarded message follows ------- From: "Caspar Bowden" <cb@fipr.org> To: <ukcrypto@maillist.ox.ac.uk>, "FIPR-AC \(E-mail\)" <fipr-ac@netlists.liberty.org.uk> Copies to: "'Charles Lindsey'" <chl@clw.cs.man.ac.uk>, "'Roland Perry'" <roland@linx.net>, "Simon Watkin \(E-mail\)" <simon.watkin@homeoffice.gsi.gov.uk> Subject: BAD NEWS :( Government amendments reinforce Big Browser Date sent: Wed, 7 Jun 2000 20:53:06 +0100 Send reply to: ukcrypto@maillist.ox.ac.uk

As past discussions, RIP has myriad contradictory references and an unresolved issue about whether "communications data" in the context of the Internet includes full http: requests (i.e Web pages, search engine requests)

I had missed S.5.a, which now looks like it was intended to be the "get-out" clause which would ensure that direct acquisition of comms data by "black-boxes" was not unlawful, because it DEFINES that conduct in relation to comms data IS NOT INTERCEPTION.

I proposed a theory to the list that would have explained how a "communication", in the sense of request to a web server for a page, could be construed as comms data. It appears that this sparked some doubt in the Home Office's mind that perhaps Web pages were NOT covered as comms data, so they decided to be more explicit.

The amendement to S.2 below seems absolutely to clarify that comms data INCLUDES signals for the actuation of apparatus, i.e the full http string, and therefore that conduct in relation to it DOES NOT constitute interception - therefore no warrant is required.

Therefore Big Browser is very much alive folks...

This seems to be doubly confirmed by a parallel amendment to Clause 20 (also below)

Roland - do you agree ? Charles - what is the innocent explanation for this "wild conspiracy theory" ? Simon ? -- Caspar Bowden Tel: +44(0)20 7354 2333 Director, Foundation for Information Policy Research RIP Information Centre at: www.fipr.org/rip#media

http://www.publications.parliament.uk/pa/ld199900/ldbills/061/amend/am 061-b. htm Clause 2

BY THE LORD BASSAM OF BRIGHTON Page 4, line 41, at end insert--

("( ) In subsection (5) the reference to data comprised in or attached to a communication for the purposes of a telecommunication system by means of which it is being or may be transmitted includes a reference to any communication or part of a communication consisting of signals for the actuation of apparatus comprised in a telecommunication system by which they will be or may be received.")

Clause 20

BY THE LORD BASSAM OF BRIGHTON Page 23, line 22, at end insert--

("( ) In subsection (4)(a) the reference to data comprised in or attached to a communication for the purposes of a telecommunication system by means of which it is being or may be transmitted includes a reference to any communication or part of a communication consisting of signals for the actuation of apparatus comprised in a telecommunication system by which they will be or may be received.")

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

------- End of forwarded message -------

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