UK plc ignorant of RIP Act

Snoopers' charter still confuses

By John Leyden • Get more from this author

Posted in Music and Media, 11th April 2002 16:01 GMT

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Awareness of the Government's Regulation of Investigatory Powers Act (RIPA) remains low among UK businesses and ISPs more than a year after the controversial legislation became law.

A survey of 100 senior managers in UK companies and 100 ISPs by law firm Nabarro Nathanson found 86 per cent of businesses and an even more surprising 61 per cent of ISPs were unaware of RIPA. The survey also reveals uncertainty among ISPs about how much they will have to spend to comply with the legislation, and highlights that many ISPs are considering moving at least part of their operations abroad because of RIPA.

Of those businesses aware of the Act, which became law in November 2000, half were not aware that it contained provisions that would permit government agencies to compel organisations to reveal private keys which would unlock encrypted information in their possession.

A code of practice for the seizure of keys has been repeatedly delayed, however Nabarro Nathanson advises its high time that firms begin formulating plans about how they will deal with the Act. RIPA means firms need to review their policies and review contracts of employment deal with the legislation.

Dai Davis, a consultant lawyer at Nabarro Nathanson, said because that the Act applies to individuals and not companies this could create a conflict of interest when the authorities request employees private keys held by their employer.

This "inconsistency" means sys admins, who might be served with notices, would have to seek external legal advice, but could not ask supervisors about taking that advice. The RIP Act only allows those receiving notices to contact lawyers, and that in very limited circumstances.

"Under RIPA, where an in-house lawyer is consulted, it would appear that the in-house lawyer would be conflicted out from giving advice to giving advice to the recipient of the notice served under the Act," said Davis.

Firms need to place procedures in place which would allow staff access to external legal advice, he added.

Britain's RIP Act, which is designed to regulate the monitoring of electronic communications by police and the intelligence services, has been condemned by critics as a snoopers charter. It is designed to allow the authorities to crack down on the illegal use of the Internet by terrorists, perverts and organised criminals but its opponents argue the legislation is seriously flawed. ®