Smart Electrics Posted August 30, 2004 Share Posted August 30, 2004 Telephone tapping It is an offence for any person intentionally, and without lawful authority, to intercept any communication in the course of its transmission through a public telecommunication system and - except in specified circumstances - through a private telecommunication system. This offence is established under the Regulation of Investigatory Powers Act 2000 (RIPA 2000) . This makes private telephone tapping an offence. We add the qualification private because RIPA 2000 perpetuates the system for the interception of telephone calls by appropriate authorities - e.g. Security Service, Secret Intelligence Service, NCIS, GCHQ, Police or Customs - under authorisation by the Home Secretary. Such authorisation is provided under an Interception Warrant. This must name or describe either one person as the Interception Subject, or a single set of premises where the interception is to take place. However, in limited circumstances the Home Secretary may issue a certified Interception Warrant which can disapply some of the requirements of a normal warrant and, in particular, the requirement to specify a person or premises. These certified warrants normally should only be issued in relation to external communications sent or received outside the UK. This could cover interception of communications channelled through a foreign Internet Service Provider. An Interception Warrant can only be issued if the Home Secretary believes that it is necessary for a reason relating to national security, serious crime or the economic well-being of the UK and the use of an Interception Warrant is proportionate. The Home Secretary must consider whether the information sought could reasonably be obtained by other means. An Interception Warrant is normally only valid for three months, but may be renewed for 6 months while it is still valid, if the renewal is considered necessary for the stated reasons. The stated reasons for issue of an Interception Warrant are relatively wide in subject, and the scope for investigating the propriety of an official tap or intercept authorised by the Home Secretary is extremely limited. The Interception Commissioner who publishes a report each year on the way in which the powers have been exercised monitors the use of these interception powers; however, the Commissioner has no powers beyond this reporting function. RIPA 2000 establishes a Tribunal, which can investigate whether there was a warrant and, if so, whether it was properly issued. However, the complainant will not be told the government's story and therefore is unlikely to have a proper chance to test it. Where it is found that an Interception Warrant has been improperly issued, the Tribunal has power to order compensation and the destruction of the recorded material. If the interception took place without a warrant the only sanction is a criminal prosecution - to which the Director of Public Prosecutions must consent. Link to comment Share on other sites More sharing options...
Guest Posted August 30, 2004 Share Posted August 30, 2004 and......... Link to comment Share on other sites More sharing options...
Smart Electrics Posted August 30, 2004 Author Share Posted August 30, 2004 There have been requests for anti tapping devices onj the forum so thaught it would be of some use. Why you a secret Phreker hey engi boy Link to comment Share on other sites More sharing options...
Guest Posted August 31, 2004 Share Posted August 31, 2004 have butt phone&crocks,will be nosey Link to comment Share on other sites More sharing options...
Smart Electrics Posted August 31, 2004 Author Share Posted August 31, 2004 have butt phone&crocks,will be nosey 22178[/snapback] Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.