Message forwarded on behalf of Andrew Cormack, Chief Security Advisor at
UKERNA.
Comments?
Brian
---------------------------------------
Brian Kelly
UK Web Focus
UKOLN
University of Bath
BATH
BA2 7AY
----------------------------------------------------------------------------
-
Organisations that provide web sites or other opportunities for individuals
to publish on the Internet should be aware of a new notice-and-take-down
requirement contained within the Terrorism Act 2006, which came into force
today, and ensure that they have procedures to handle any notices served on
them under the Act.
Sections 3 and 4 of the Act enable a police constable to give written notice
to an organisation that a particular statement they publish electronically
is unlawful, because it relates to terrorism. For most JANET customers the
notice must be given, either in person or by registered mail, to the
secretary or equivalent officer of the organisation. If the organisation
does not remove or amend the statement within two working days (only
Saturdays, Sundays, Bank Holidays, Christmas Day and Good Friday are
excluded) then it will be considered to have endorsed the statement and
thereafter be liable to prosecution for encouraging terrorism or
disseminating terrorist publications. It is clearly important to be able to
deal with these notices very promptly.
An organisation served with a notice is also required to take all reasonable
steps to prevent future re-publication of the same or similar statements.
Since the law is brand new, it is not clear how "all reasonable steps" will
be interpreted, but it seems likely to require at least an investigation
into who published the statement and removing that person's ability to
publish in future.
The Act can be found at
http://www.opsi.gov.uk/acts/acts2006/20060011.htm.
--------------------
Andrew Cormack
Chief Security Advisor
UKERNA, Atlas Centre, Chilton, Didcot, Ox11 0QS, UK
Phone: +44 (0)1235 822302
|