ZDNet UK / News and Analysis / Business of IT / IT Strategy

ISPs face data interception deadline

By Matt Loney, ZDNet.co.uk, 10 July, 2002 16:03

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

Topics

Ripa, ISPA, Interception, Regulation of Investigatory Powers Act

NEWS
ISPs across the UK will have to start intercepting and storing electronic communications including emails, faxes and Web surfing data from 1 August, but there still appear to be glaring loopholes in the legislation. Not only has the Home Office still failed to tell ISPs how they will be compensated for maintaining their interception capabilities, but the measures, which the government said were introduced to combat terrorism and organised crime, only apply to large ISPs. Any criminal organisation wishing to avoid interception simply has to find an ISP that has fewer than 10,000 customers. The interception capability is mandated by the Regulation of Investigatory Powers Act (RIPA), which was introduced to give police and other law enforcement authorities the same powers to intercept digital communications as they already possess to intercept telephone calls and letters. On 1 August, the RIP (Maintenance of Interception Capability) Order 2002 is due to come into force. Several classes of communications service providers are exempt from the regulations: those which do not intend to supply services to more than 10,000 people in the UK, and financial institutions such as banking, insurance and investment houses. Not every big ISP will have to provide an interception capability from day one, but if they are told by police or other law enforcement officers that an interception has been authorised, they have one working day to provide a mechanism to do so. Furthermore, they must ensure that the intercepted data is transmitted in real time to the person who applied for the warrant Each service provider must be able to simultaneously intercept the communications of up to 1 in every 10,000 people who use its service. But with only weeks to go, ISPs say they have still not been told how they will be reimbursed for the cost of intercepting communications data. A spokesperson for the ISP Association said, "We have not been provided too much detail (on costs). There are still a lot of issues that have to be resolved." Part of the problem, said the spokesman, is that the new regulations are also intertwined with the Anti-Terrorism, Crime and Security Act 2001, which says that ISPs and telcos have to store communications data. "They are producing a code of practice that lays out types of data that should be retained and how long it should be retained for," said the spokesman. The trouble, is, he said, that for ISPs to install all the capabilities will cost a lot of money: "Dealing with the two laws will have a big impact on cost and the Government has to provide guidance." Costs will come from storage, staff time, new management processes, setup and running costs, said the spokesman, and will vary because each ISP is likely to have a different method of intercepting and storing the data and managing access. A Home Office spokesperson said, "arrangements will be put in place to ensure they (ISPs) will receive fair refunds for costs incurred," but could not provide details. Claire Walker, a solicitor with city law firm Olswang, who specialises in e-commerce, said part of the problem is that the Home Office does not have a technical perspective. "They tend to say to ISPs, 'tell us what is involved,' and then the ISPs say, 'no, you tell us exactly what you want first and then we'll tell you what is involved,'" said Walker. "It is likely that individual ISPs will reach individual agreements with the Home Office on reimbursement." Tim Snape, who chairs the law enforcement group ISPA, told ZDNet UK earlier this year that the costs of intercepting could, in combination with the costs of logging data, be crippling. "The actual data acquisition costs could be low," he said, "but the costs for data retention, processing, hand-over, billing, management and regulatory compliance will all be very high." Although RIPA has a provision for ISPs to recover their costs, said Snape at the time, this does not mean profit. "We don't want to be seen profiting from crime, so we have asked for just cost recovery," he said. "But because this means there will be a requirement to demonstrate costs, there will be a requirement to audit so the process of cost recovery will incur its own costs." Sources close to the negotiations say it has been suggested to the Home Office that the compensation to industry should merely cover the storage costs. Read a full analysis of the new measures on ZDNet UK's Tech Update.
Who's watching you? Get the latest on spy networks such as Echelon and Carnivore, as well as privacy issues for companies and individuals alike, at ZDNet UK's Privacy News Section. Have your say instantly, and see what others have said. Go to the ZDNet news forum. Let the editors know what you think in the Mailroom.

Related stories

Industry lambasts snooping law costs

Government snooping will hurt e-commerce

Privacy experts slam snooping code of practice

Heart of England NHS begins massive digitisation plan

Hard-drive woes hit PC shipments in fourth quarter

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

TerryRK

Well it seems there is something a number of us agree on. Why is the Ubuntu Unity launcher so ugly? I thought perhaps it was something to do with...

3 hours ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

12 hours ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

20 hours ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

22 hours ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

22 hours ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

1 day ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

1 day ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

1 day ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

1 day ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

1 day ago by GHar123 on ACTA stumbles in Germany
JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

2 days ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

2 days ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

2 days ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

2 days ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint
bdantas

Excellent article. One small correction, though--although a fresh installation of Linux Mint 12 will, indeed, provide the user with a version of...

2 days ago by bdantas on A tale of two distros: Ubuntu and Linux Mint
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

2 days ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

2 days ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material

Latest in IT Strategy

Heart of England NHS begins massive digitisation plan

Hard-drive woes hit PC shipments in fourth quarter

Featured white papers

Value of a team: Five pillars to strengthen employee culture

Citrix Online

Value of a team: Five pillars to strengthen employee culture

This white paper explores how to define objectives for employees and clients and how the business can benefit from encouraging... Read more

Key trends driving global business resilience and risk

IBM

Key trends driving global business resilience and risk

This IBM research paper looks at how businesses are thinking more about business resilience by improving the ability to adapt to a continuously changing business... Read more

Cloud computing security: A practical guide

SunGard Availability Services

Cloud computing security: A practical guide

Cloud computing has been the belle of the IT ball, but can you trust it to keep data reliable and... Read more

Inside ZDNet UK

A tale of two distros: Ubuntu and Linux Mint

A tale of two distros: Ubuntu and Linux Mint

2012 Predictions: VCE FastPath, VI SAN Probe & Hadoop

2012 Predictions: VCE FastPath, VI SAN Probe & Hadoop

BlackBerry Bold 9790

BlackBerry Bold 9790

Make faster, smarter decisions using BI

Make faster, smarter decisions using BI

Ten factors that make Ubuntu 11.10 a hit

Ten factors that make Ubuntu 11.10 a hit

Toshiba Portégé Z830-10P Review

Toshiba Portégé Z830-10P Review

BT's archive: Pictures from the vault

BT's archive: Pictures from the vault