After the quashing of last year's controversial
revisions to the Regulation of Investigatory Powers Act, Simon
Moores is suspicious of the Home Office's latest batch of
amendments.
Now for the good news from government - and I don’t mean
more toilet paper for our troops in Kuwait or even shorter working
hours for MPs.
No, it’s better even than that. The Home Office is, reportedly,
scaling back its efforts to force through the legislation that will
give government greater access to our e-mail.
I’m particularly interested in this move because it was reported
last summer that the Computer Weekly column I wrote on the
revisions to the Regulation of Investigatory Powers Act 2000 (RIPA)
had been passed to Mr Blunkett by his son and that this, in turn,
encouraged the home secretary to realise his existing amendments to
RIPA were unworkable.
This month then, and with much muttering about "consultation",
the Home Office reportedly plans to have another try with a more
watered-down version of RIPA, a "rethink", which this time denies
the right of local government officials - conceivably, even,
traffic wardens - to trawl through your e-mail on a whim.
You see, if the original proposals hadn’t been so scathingly
challenged by the likes of Newsnight’s Jeremy Paxman, then seven
Whitehall departments, all local authorities, NHS bodies and 11
other agencies would have been given the same powers as the police
and intelligence services and, of course, the real power in the
land, the Inland Revenue and HM Customs & Excise.
So now, this cleverly rethought proposal suggests instead that
such powers - the "right to demand access to the full range of
communications data" - be awarded to five new bodies, who might, in
turn, be the Scottish drug enforcement agency, the Serious Fraud
Office, NHS Trusts, the UK Atomic Energy Constabulary and the Fire
Service.
Other "second-tier" organisations will have access only to
subscriber data, such as customers' names and addresses. Why the
Fire Service, you might ask? Why not? says the Home Office.
This time, at least, the authority wishing to wield this power
will have to receive approval from a nominated senior official from
each agency, rather than the approval of, well, any official who
might have been around at the time.
So this is good news, right? Well, only in as far as RIPA was
the thin end of a much larger government wedge jammed up against
what little statutory privacy is left to us.
In principle this is bad legislation in new packaging and
invariably, the Home Office will find other avenues to achieve its
more sinister digital purpose.
The legislation of the past five years has undone much of the
good work that started with the Magna Carta, and RIPA is simply a
manifestation of a different world where the clock started ticking
on the morning of 11 September.
What do you think?
Is RIPA a necessary check on digital communications, or
a blatant abuse of human rights?
Tell us in an e-mail >> CW360.com
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ZentelligenceSetting the world to rights with the collected thoughts and
opinions of the futurist writer, broadcaster and Computer Weekly
columnist Simon Moores.