FC: More on U.K. anti-terrorism imperils hackers, privacy, property

From: Declan McCullagh (declanat_private)
Date: Mon Jul 30 2001 - 04:01:37 PDT

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    [My read of the law, which I don't think disagrees with Caspar's, is that 
    some of the more brutal warrantless search-and-seizure rules apply only to 
    northern Ireland, but the "anti-hacker" definitions apply to anyone in the 
    U.K. --Declan]
    
    *******
    
    From: "Caspar Bowden" <cbat_private>
    To: "'Declan McCullagh'" <declanat_private>
    Subject: Please could you circulate this ?
    Date: Mon, 30 Jul 2001 11:42:20 +0100
    Message-ID: <000101c118e4$4f9ace00$73ce87d4@aki>
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    As a matter of record, it should be noted that about half the powers
    referred to in the cluebot posting as being part of a "U.K. law"
    (appended below) do not apply to mainland UK, but are specific to
    Northern Ireland. (This isn't in any way a defence of the Terrorism Act,
    just a statement f fact)
    
    http://www.legislation.hmso.gov.uk/acts/acts2000/00011--i.htm#130
    "130. - ...
           (3) The following shall extend to Northern Ireland only-
           (b) Part VII..." (Sections 65-113)
    
    (you can re-post to Politech)
    --
    Caspar Bowden                           www.fipr.org
    Director, Foundation for Information Policy Research
    Tel: +44(0)20 7354 2333
    
     > EXCERPTS FROM TERRORISM ACT:
    ....
     > Arrest of suspected terrorists power of entry.  81. A constable may
     > enter and search any premises if he reasonably suspects that a
     > terrorist, within the meaning of section 40(1)(b), is to be found
     > there.
    ..
     > Terrorist information.  103. - (1) A person commits an offence if- (a)
     > he collects, makes a record of, publishes, communicates or attempts to
     > elicit information about a person to whom this section applies which
     > is of a kind likely to be useful to a person committing or preparing
     > an act of terrorism, or (b) he possesses a document or record
     > containing information of that kind.
    ...
     > Possession onus of proof.  77. - (1) This section applies to a trial
     > on indictment for a scheduled offence where the accused is charged
     > with possessing an article in such circumstances as to constitute an
     > offence under any of the enactments listed in subsection (3).
     >       (2) If it is proved that the article-
     >   (a) was on any premises at the same time as the accused, or
     >   (b) was on premises of which the accused was the occupier or which
    he
     > habitually used otherwise than as a member of the public,
     > the court may assume that the accused possessed (and, if relevant,
     > knowingly possessed) the article, unless he proves that he did not
     > know of its presence on the premises or that he had no control
     > over it.
     >
     > Explosives inspectors.  85. - (1) An explosives inspector may enter
     > and search any premises for the purpose of ascertaining whether any
     > explosive is unlawfully there.  (2) The power under subsection (1) may
     > not be exercised in relation to a dwelling.
     >
     > Power of entry.  90. - (1) An officer may enter any premises if he
     > considers it necessary in the course of operations for the
     > preservation of the peace or the maintenance of order.
     >
     > Power to stop and question. 89. - (1) An officer may stop a person
     > for so long as is necessary to question him to ascertain-
     > (a) his identity and movements;
     > (b) what he knows about a recent explosion or another recent
     > incident endangering life;
     > (c) what he knows about a person killed or injured in a recent
     > explosion or incident.
     > (2) A person commits an offence if he-
     > (a) fails to stop when required to do so under this section,
     > (b) refuses to answer a question addressed to him under this section,
    or
     > (c) fails to answer to the best of his knowledge and ability a
     > question addressed to him under this section.
     > (3) A person guilty of an offence under this section shall be liable
     > on summary conviction to a fine not exceeding level 5 on the standard
     > scale.
     > (4) In this section "officer" means-
     > (a) a member of Her Majesty's forces on duty, or
     > (b) a constable.
    
    
    
    
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