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8 July 2008
Date: Tue, 8 Jul 2008 17:22:14 +0100 From: xxxxx To: Cryptome[at]earthlink.net Subject: Cryptome - BBC News touchy over RIPA ______________________________________________________________________ ---------- Forwarded message ---------- From: xxxxx[at]bbc.co.uk Date: Tue, 8 Jul 2008 11:14:29 +0100 Subject: FW: RIPA - important guidance To: xxxxx THOUGHT YOU MAY BE INTERESTED REGARDS xxxx ______________________________________________ To: Newsg UK All; Newsroom-All; News Programmes - all Cc: Jenny Baxter Subject: RIPA - important guidance Newsgathering advice re Regulation of Investigatory Powers Act The ECU is upholding a complaint against BBC News for describing the above Act as a piece of "anti-terrorism legislation" which was passed "in 2000 as the threat of global terrorism was on the rise". Please refrain from using these phrases in future coverage of the Act as the first is wrong, the second is misleading. The purpose of the act was to give legal structure to surveillance following the introduction of the Human Rights Act. The surveillance was aimed at serious criminals and, though terrorists would fall into the category, it is wrong to describe this as anti-terror legislation. Equally RIPA was passed at a time when British law enforcement agencies were more concerned with potential threats from dissident IRA followers than a more global threat so it is misleading to imply that global terror was a significant factor in prompting the legislation. Should you need to describe the purpose of the Act in brief terms it would be better to say it "covers all sorts of serious crime". More detail from A&R To confirm, the Act is not a piece of anti-terror legislation rather it more wide ranging, creating powers to monitor criminals. According to the Home Office website: "The Regulation of Investigatory Powers Act (RIPA) legislates for using methods of surveillance and information gathering to help the prevention of crime, including terrorism." The Home Office goes on to say RIPA makes provision for: * the interception of communications * the acquisition and disclosure of data relating to communications * the carrying out of surveillance * the use of covert human intelligence sources * access to electronic data protected by encryption or passwords * the appointment of Commissioners and the establishment of a tribunal with jurisdiction to oversee these issues [Source Home Office: http://security.homeoffice.gov.uk/ripa/about-ripa/] The recent row about Pool Council spying on a family to see if their children were living in the correct catchments area blew up because the council used RIPA - which some said was a disproportionate use. This an excerpt taken from an A&R brief: The Regulation of Investigatory Powers Act Official surveillance of internet traffic and telecommunications was introduced by the last Home Secretary, Jack Straw, in the Regulation of Investigatory Powers Act (RIP). Published in February 2000, it passed through Parliament and become law the following October. It enables the creation of a power to monitor and intercept emails and websites, channels through which online criminals, terrorists, paedophiles and pornographers have traditionally been able to communicate. Some data on computers, such as child pornography, is often encrypted and the bill made it illegal to refuse a police request to decrypt data. The Government implemented the provisions so they were applicable to police forces, the National Criminal Intelligence Service, the National Crime Squad, the Serious Fraud Office, the intelligence services, the armed forces, Customs and Excise and the Inland Revenue. (Source: Analysis and Research 2003) http://www.bbc.co.uk/ This e-mail (and any attachments) is confidential and may contain personal views which are not the views of the BBC unless specifically stated. If you have received it in error, please delete it from your system. Do not use, copy or disclose the information in any way nor act in reliance on it and notify the sender immediately. Please note that the BBC monitors e-mails sent or received. Further communication will signify your consent to this. ______________________________________________________________________ -- Regards, xxxxx [Sent from my mobile phone]