Ibrahim
Thanks for the pointer. In explaining this to myself I found it was helpful to distinguish between *powers* (i.e. what the law permits) and the *capability* (i.e. what the technology enables). If there's a difference between those then it's the enforcement regime that preserves that difference, by discouraging use of the capabilities in ways that exceed the powers. Hence I reach the same conclusion as you that if capability increases but powers don't, then there has to be an increase in enforcement regime to preserve the balance.
That analysis actually suggests that if the legal powers increased in line with the technical capability then there might not need to be an increased enforcement regime, since the possibility of unlawful use wouldn't have increased. I'm still trying to work out whether that's a paradox!
Andrew
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> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
> Sent: 20 April 2012 11:32
> To: [log in to unmask]
> Subject: Governments Comms Data Proposals
>
> My article which may interest colleagues.
>
> Government proposals in relation to the monitoring of people's
> communications could be open to significant abuse, warns Ibrahim Hasan
>
> http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&vie
> w=article&id=10099%3Asending-the-wrong-message&catid=59%3Agovernance-a-
> risk-articles&q=&Itemid=27
>
>
> Regards
>
> Ibrahim Hasan
> Solicitor and Director
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