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Investigatory Powers Act – process details

The Government’s powers make orders relating to information about communications have now moved from the Regulation of Investigatory Powers Act 2000 to the Investigatory Powers Act 2016. The associated Code of Practice provides useful information on the process for issuing three types of notice in particular: Communications Data Requests, Technical Capabilities Orders and Data Retention […]

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Investigatory Powers Act 2016: Encryption

[I’ve updated this 2015 post to refer to the section numbers in the Investigatory Powers Act 2016. As far as I can see, the powers contained in the Act are the same as those proposed in the draft Bill] Over past months there has been various speculation that the Investigatory Powers Bill [now the Investigatory […]

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Investigatory Powers Act – new orders to prepare for

[UPDATE: I’ve added links to the Codes of Practice that authorities will use when preparing each of the orders] Under the current Regulation of Investigatory Powers Act 2000 (RIPA), organisations that operate their own private computer networks may receive three different orders relating to those systems. Any organisation that receives an order is, subject to […]

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Investigatory Powers Bill passes

According to Parliament’s website, “outstanding issues on the [Investigatory Powers] Bill were resolved on 16th November“. The Bill now passes to its final formal stage, Royal Assent, after which it will be the Investigatory Powers Act. Although the final text won’t be published till that happens, the Parliamentary stages don’t seem to have made any […]

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Closed Consultations

Draft Investigatory Powers Bill – evidence to committees

Last month the Government published a draft Investigatory Powers Bill for a period of pre-legislative scrutiny before a full Bill is introduced, expected to be in the Spring of 2016. Various Parliamentary committees are considering different aspects of the Bill. In our evidence to these committees, Jisc is focussing on the new powers the draft Bill […]

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Presentations

Committee reports on draft Investigatory Powers Bill

At the LINX meeting yesterday I was invited to summarise the various Parliamentary Committees’ reports on the draft Investigatory Powers Bill. For more detail, see Graham Smith’s excellent commentary. All three reports find problems, though the pattern has changed from four years ago when the predecessor Communications Data Bill was considered. In 2012 the most […]

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Draft Investigatory Powers Bill (first look)

The Government has today published its draft Investigatory Powers Bill. There are 299 pages in the legislation alone, so for now I’ve been looking at the parts most likely to affect Janet and its customers. So far I’ve looked at a bit less than half of the Bill: further implications, if any, will be the […]

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Debugging laws

A long time ago, testing software was part of my job. To help with that I had an initial checklist of questions to pose to any new program: situations where I should check that it behaved as expected. Once it passed those basic checks I could get on to the more detailed testing specific to […]

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Encrypted Information: Law enforcement access

The amount of information stored in encrypted form is steadily increasing, supported by recommendations from the Information Commissioner and others. When deciding to adopt encryption, it’s worth planning for what might happen if the police or other authorities need to access it in the course of their duties. Normally the existing access rules under section […]

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Articles

Interception definition and mailboxes

If you look up “interception” in most dictionaries you’ll find that it happens before an action has completed: in sport a pass can no longer be “intercepted” once it reaches a teammate. In a legal dictionary, however, that turns out not to be true. According to section 2(2) of the Regulation of Investigatory Powers Act […]