Saturday, 12 July 2014

Extraterritoriality in S.5 Data Retention and Investigatory Powers Bill

Cyberleagle: Dissecting the emergency Data Retention and Investigatory Powers Bill:

"DRIP states explicitly that a warrant, a capability maintenance notice and a communications data acquisition notice may each relate to conduct outside the UK.

 It then provides that the duties to comply with such warrants and notices apply whether or not the person is within the United Kingdom. In the case of interception warrants knowing failure to comply with the duty can give rise to criminal liability under RIPA S11(7).

DRIP then goes to great lengths to devise ways of serving warrants and notices within the UK on non-UK entities.  For communications data acquisition notices this can even include oral notification.  Whether this elaboration is simply a question of practicality or perhaps reflects a deeper concern that serving government warrants and notices outside the UK might be regarded as executive acts violating the territorial sovereignty of another State is a matter for speculation. " 'via Blog this'

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