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Law & Policy

Battle lines drawn over wire-tapping bill

By Tony Hallett

Published: 20 December 1999 00:30 GMT

Sides are being chosen in the debate over the government's revisions to the Interception of Communications Act (IOCA) 1985, following the publication of official responses to the Home Office consultation paper.

The government has received 85 responses from telcos, ISPs, police forces, and various other organisations since the consultation document was published in June.

Law enforcement agencies have generally favoured the way the government would like to incorporate monitoring of Internet-based communications into a revised IOCA.

Peter Todd, Gloucestershire Constabulary assistant chief constable, wrote: "I believe there should be no restrictions placed on the scope and type of communication services which are subject to interception legislation. If exemptions are made, then the criminal will exploit them."

Other police responses were sensitive to the complaint that overhauling Internet infrastructure - to make interception workable - could financially cripple smaller ISPs.

Richard Clayton, Internet expert at Demon Internet, said: "The current situation is most unsatisfactory, but what's been suggested would be extremely expensive. This should be paid for centrally."

However, Demon has criticised a proposal that smaller ISPs shouldn't have to maintain the same facilities as large ones, to save money.

"If that happens, guess which ISPs the criminals will use," Demon's Clayton added.

Roland Perry, Regulation Officer at the London Internet Exchange (LINX), said: "It's currently a mess, and most of our members agree IOCA '85 needs a revamp. But the cost of installing and running [interception-friendly] equipment should be born by law enforcement authorities."

ISPA levelled the same complaint, and set out proposals for a different split of costs.

Barclays Bank, E Centre, and medical groups such as the BMA and BUPA all expressed concern that a new IOCA might mean wider scrutiny of internal private or confidential information.

The Home Office has insisted it wants to move forward with a balanced approach that aids law enforcement while maintaining UK competitiveness. HO Minister, Charles Clarke, called the tone of the responses "overwhelmingly positive".

A full list of responses can be found at http://www.homeoffice.gov.uk/oicd/conslist2.htm .

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