ISPs prepare to flee as Lords send off 'Snooping Bill'

The UK House of Lords has had its last chance to make amendments to the Regulation of Investigatory Powers (RIP) Bill last night, but it was not enough to allay fears among businesses and ISPs.

A further 51 amendments were proposed last night. However, the Bill's most stern critics say it's not enough.

Steve Rawlinson, the systems manager at Claranet - one of the three ISPs who have threatened to leave the UK if handing over encryption keys remains a condition of RIP - told silicon.com that it could move data services, like email, overseas in a matter of weeks.

For ISPs with international operations it can happen at the flick of a switch with no disruption to their customers. Speaking prior to last night's debate, Rawlinson said: "Many people fail to realise how straightforward it is. There's no question people will move out because the risk of staying is significant and the cost of leaving is almost zero."

Rawlinson admitted that leaving would not make the ISP invulnerable to RIP, but he said: "It's much more difficult to intercept the transmission than it is for the police to come round and demand the contents of our email server."

Tim Pearson, chairman of the ISP Association (ISPA), was ambiguous about whether other ISPs are planning to follow Claranet. "There is a lot of uncertainty among ISPs, and while I can't say ISPs will definitely relocate, I know we definitely would not like to see the Bill go through."

The House of Commons will now consider all the changes made to the original draft in the attempt to give RIP the Royal Assent before the summer.

Nicholas Bohm, legal officer at Foundation for Information Policy Research (FIPR), believes the government can expect stronger revolts from businesses once the Bill becomes law. "Once the government starts to use it there will be challenges to the Code of Conduct and under Human Rights. In addition, technical skills to evade RIP will emerge," he said.