Out-Law / Your Daily Need-To-Know

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.

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