A Technical Advisory Board required under the Regulation of
Investigatory Powers Act has still to be set up before so-called
black box interceptions can take place under the controversial law
which came into force in the UK in October 2000.
The Regulation of Investigatory Powers Act came into force in
October 2000 in the UK following much controversy about the
so-called snooping powers given to the police to monitor ISP
communications. However, a Technical Advisory Board, which is
required under the Act, has still to be created before ISPs can be
ordered to set up so-called "black boxes" to monitor traffic
continuously.
Many ISPs were concerned by media speculation that the Act would
require them to monitor and record all traffic passing through
their servers. The Act does not require this. It provides that an
ISP must comply with an order to intercept the communications of an
individual or perhaps a company named in a warrant if it is served
with such an order, but it need not intercept all traffic.
OUT-LAW.COM’s Jon Fell said:
“The Technical Advisory Board is required by
the Act to assist ISPs in complying with any orders to maintain an
interception capability, both technically and financially.
Regrettably, the Act itself does not guarantee any financial
assistance, albeit the Home Office has pledged the sum of £20
million to this end.
"The Board must also be consulted before the
Secretary of State can make such an order under the Act. Until the
Board exists, ISPs cannot be made to install so-called 'Black
Boxes' under the Act, although interception warrants applying over
short periods can still be served.”
The Board, when created, must be made up of six individuals
representing the interests of intercepting agencies and six from
communication service providers, including two from ISPs, two from
fixed-line companies and two from mobile operators. The Board’s
membership is the subject of on-going debate and the parliamentary
order needed to create it has yet to be passed.
