ISPA labels police 'inept' in privacy row

A House of Lords forum has learned that attempts by the police to gain information from ISPs was inept and potentially illegal.

NEWS Tim Snape, spokesman for the ISPA (Internet Service Providers' Association) said: "It's a problem. It's always a problem. We've had a request for a subscriber's address and a list of all websites accessed based simply on a Hotmail account. You have to tell the police that that's just not how it works." Other members of the forum, the fifth annual Parliamentary ISPA forum had similar tales to tell. Rachel Basger, regulatory manager of World Online reportedly told of a request based on the postcode of someone who wasn't even a customer. Snape said the police currently lack the training and expertise to make a sensible use of the powers under the RIP Act (Regulation of Investigatory Powers). Further, he points out that the code of practice for investigations has yet to be agreed, let alone published. He said: "The code has been developed for six months and should be out fairly quickly. But it will be the end of the year before forces are trained enough to make a proper use of it. ISPs are willing to cooperate with the police but it's a bit wearing to get all these silly questions." The code is expected to require a 'spoc', a single point of contact for information requests from ISPs which will be able to weed out unrealistic requests. But the ISP's particular fury was directed at potential plans by the National Criminal Intelligence Service to require them to store all internet traffic for up to seven years. Snape said: "It's the one thing that everyone is unanimous on. It would place an intolerable commercial burden on ISPs and they would simply relocate their servers to Europe or the US. People are already abandoning - or refusing to set up in Belgium because there is a requirement to hold the data for 12 months." "Our members are quite willing to help by retaining data on a user or a system but forcing us to save everything will just force the industry offshore," he added.

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