FC: U.K. may order firms to record Net-traffic, ban anon remaiers?

From: Declan McCullagh (declanat_private)
Date: Wed Nov 14 2001 - 21:37:32 PST

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    It's a little unclear from Statewatch's website what the status of this 
    bill is, but I gather it's been introduced in Parliament as recently as 
    this week. You can find the text here:
    Here's the section on data retention:
    >The Secretary of State shall issue, and may from time to time revise, a 
    >code of practice relating to the retention by communications providers of 
    >communications data obtained by or held by them... It shall be the duty of 
    >a communications provider to comply with any direction... the Secretary of 
    >State may give such directions as he considers appropriate about the 
    >retention of communications data (a) to communications providers 
    >generally; (b) to communications providers of a description specified in 
    >the direction; or (c) to any particular communications providers or provider.
    If I may, permit me to pose a question to the U.K. lawyers on this list: 
    Does this give the Secretary of State the power to ban anonymous remailers 
    operating inside the U.K.? (Or, more precisely, limit their utility by 
    requiring record-keeping, identity escrow.) I'm not saying, of course, that 
    the secretary would choose to exercise that authority -- at least not right 
    away. The question is whether that authority would exist. Seems to me that 
    "communications providers" may be defined broadly enough for that to be the 
    See also:
    "Europe set to nix Bush request, not require ISP data retention"
    From: John Armitage <john.armitageat_private>
    To: "'declanat_private'" <declanat_private>
    Subject: UK anti-terrorism proposals & other news from Statewatch
    Date: Wed, 14 Nov 2001 16:13:59 -0000
    [Declan, no military tribunals in the UK -- yet. But, we are getting 
    there... John]
    Statewatch News Online, 14 November 2001
    See: <http://www.statewatch.org/news>
    The UK government has published its "Anti-terrorism, crime and
    security Bill". For research and information purposes Statewatch
    has broken the Bill down below into Sections (with smaller "pdf"
    1. Immigration and asylum and race and religion (Part 4, Sections
    2. Police powers, Northern Ireland, MOD and transport police (Part
    10, Sections 88-100)
    3. Retention of telecommunications data (Part 11, Sections 101-
    4. EU Third pillar, Terrorism Act 2000 (Part 13, Sections 109-119)
    5. Schedules: these contain additional changes which may be
    relevant to above
    Analysis of this lengthy Bill will follow.
    A group of lawyers have drawn up an "Appeal" to the European
    Parliament to reject the proposal by the European Commission
    which seeks to introduce a binding Framework Decision
    introducing a definition of "terrorism" which would seriously
    threaten democratic rights and the "freedom of association, the
    right to strike and freedom of expression". The "appeal" has
    already been signed by 82 lawyers from six countries and is open
    to lawyers, organisations and others to sign up to - by sending an
    e-mail to: jan.fermonat_private
    The text of the "appeal" is available in most EU languages.
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