At 05:26 20/04/01 -0400, [log in to unmask] wrote:
>In a message dated 19/04/2001 12:04:38 GMT Daylight Time, [log in to unmask]
>writes:
>
><< The message re communications seems clear - interception, monitoring and
> recording is lawful only if it satisfies various conditions, one of the most
> important being to let people know that this is part of your normal business
> practice. >>
>-----------------------------
>The LBP regulations, which will allow certain intercetions of e-mails, etc,
>for certain lawful business practice reasons, are not yet in force. They
>have been delayed by the deliberations over the code of practice to be issued
>by the Information Commissioner.
>
>Until the Regs are in force, it is likely that all interceptions of
>employee's e-mails are unlawful under RIPA unless they are approved by the
>relevant authorities.
>
>Ian Buckland
>MD
>Keep IT Legal Ltd
Ian,
Thanks for the bad news about the LBP regulations :-(
The network operator permissions should still be ok, as they are in the Act
itself. I'd hope that most of the interceptions needed to keep networks
running (postmastering, investigating attacks on the network, etc.) are ok
under those, though it does mean that monitoring to ensure compliance with
Acceptable Use Policies and such like is on rather sticky ground unless
those monitored have consented to it.
Andrew
--------------------------------------------------------------
Andrew Cormack
Head of CERT
UKERNA, Atlas Centre, Chilton, Didcot, Oxon. OX11 0QS
Phone: 01235 822 302 E-mail: [log in to unmask]
Fax: 01235 822 398
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