This Act repeals the 1985 Act and provides for a new regime for the interception of communications incorporating the changes proposed in the consultation paper. These changes go beyond what is strictly required for human rights purposes and provide also for the changed nature of the communications industry since 1985.
The provisions also implement an article, which requires member states to safeguard the confidentiality of communications.
2) Surveillance and Covert Human Intelligence Sources
Says that specific people in authority, for example undercover officers and intelligence agencies, may use surveillance but their use will be restricted to safeguard invasions of the public's privacy.
3) Investigation of Electronic Data Protected by Encryption
Maintains the effectiveness of existing law in increasing criminal use of encryption. It will introduce a power to require disclosure of protected data.
4) Scrutiny of Investigatory Powers and Codes of Practice
Specific people will check other people's power when necessary to make sure that they are not overstepping them. The Secretary of State may issue Codes of Practice covering the use of the powers covered by the Act.
5) Everyone has the right to respect for his private and family life, his home and his correspondence.
The RIPA allows the government to access a person's electronic communications in a more unrestricted manner, compared to postal correspondence. The act:
- Enables the government to demand that an ISP provides access to a customer's communications in secret;
- Enables mass surveillance of communications in transit;
- Enables the government to demand ISPs fit equipment to facilitate surveillance;
- Enables the government to demand that someone hands over keys to protected information;
- Allows the government to monitor people's Internet activities;
- Prevents the existence of interception warrants and any data collected with them from being revealed in court
Also:
- The government can demand that a public telecommunications service intercepts an individual's communications.
- "Interception warrants" can be used for "national security", "preventing or detecting serious crime" or "safeguarding the economic well-being of the UK". These terms are so vague as to be applicable to just about anyone.
- The definition of public telecommunications services is broad and could apply to internet services providers, phone companies, or even someone running a web site.
- When an ISP is served with an interception warrant, it has to comply and it may not reveal this fact to anyone. You wouldn't even know that the government was doing this!
- The Home Secretary can serve interception warrants to perform mass surveillance.
- Under certain circumstances the home secretary can order that the "external communications" of a telecommunications service be intercepted (e.g. all the internet traffic flowing through a particular ISP's machines).
- The government can require ISPs to fit equipment that enables them to do perform surveillance. The government will however contribute to the costs of doing so.
- The affected ISPs' security could be seriously compromised since it is possible not only that corrupt government officials could abuse such powers, but that systems would be vulnerable to attacks from hackers who find out about the back doors.
- These are serious vulnerabilities. The best way to remain secure is to allow your security system to be open to expert evaluation. This requirement serious undermines that and will damage the development of the trust and security required for e-commerce.
- The government can demand that decryption keys be handed over in order to access protected information, where the person concerned has or has had the keys and does not have the information. It is an offence not to hand over such a key on pain of 2 years imprisonment. You are deemed to have possessed the key if you possessed it at any time before the disclosure notice was served, unless you can show you did not have it after the time the notice was served and before the time you were required to disclose it. You are taken to show that you did not possess it at the relevant time if you can adduce sufficient evidence to raise an issue with respect to this matter and the contrary is not proved beyond reasonable doubt.
- The government can access Internet traffic data for the purposes of national security, prevention/detection of crime, in the interests of the UK's economic well being, in the interests of public safety, for protecting public health, for tax assessment/collection, for preventing death/injury or damage to a person's health in the event of an emergency and for any reason the Secretary of State deems fit.
The state can thus gather information such as what websites you visit and when, who you email, who emails you, what newsgroups you read, all the phone numbers you call, what software you've downloaded, what documents you've downloaded, where and when you log on to a machine and from where you logged on, etc. Essentially any government department or any police officer can demand this information, as long as it is deemed to be required under the grounds listed above.
- It is illegal for surveillance data to be used in legal proceedings. This means that were the government to illegitimately intercept your communications, the surveilled data cannot be used in court.
