Out-Law / Your Daily Need-To-Know

The UK ISP industry has turned down a Home Office request to voluntarily retain customer data over extended periods and give police and intelligence agencies access to records of users' e-mail and web site logs, according to The Guardian. The data retention scheme is a product of the UK's Anti-Terrorism Crime and Security Act, which was rushed through Parliament last year in the wake of September 11th.

According to the Guardian, which cites a letter sent by the Internet Service Providers Association's (ISPA) Secretary General Nicholas Lansman to Home Office officials, the industry "has not been convinced" that the data retention scheme is necessary for the fight against terrorism and serious crime.

The Guardian reports that Lansman argued that ISPs are concerned about the cost and privacy implications of retaining their customers' data, and that the Government has failed to address their concerns.

He also claimed that the Government has failed to provide details of investigations that are "currently compromised" through lack of available data.

The Anti-Terrorism Crime and Security Act led to the voluntary scheme for ISPs to retain subscribers' names, addresses, source and destination of e-mails and records of the web sites they visited, for up to two years. The data would be available to the authorities without the need for a court order.

The Act gives the Home Office the authority to make data retention compulsory, if the voluntary scheme fails – which must now seem more likely.

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