Internet Services Providers’ Association needs more information about the industry’s role in combating terrorism

Internet Services Providers’ Association needs more information about the industry’s role in combating terrorism

15^th November 2001

ISPA UK, the industry association for Internet service providers, today called for a start to the consultation process announced in The Anti-Terrorism Bill, introduced in the Commons Tuesday, 13 November 2001. The Bill paves the way for agreeing how much data ISPs can retain for law enforcement purposes.

Nicholas Lansman, Secretary General ISPA UK said, “ISPA welcomes the Secretary of State’s intention to consult industry about the proposed code of practice. We look forward to actively participating in the discussions in line with our commitment to the Internet Crime Forum. This will enable industry and law enforcement agencies to agree procedures that facilitate law enforcement without jeopardising the rights of legitimate users of the Internet.”

Mr Lansman continued, “ISPA is concerned to ensure that standards for ISPs under the code of practice will be reasonable and proportionate and will reflect real law enforcement needs. The Government’s acknowledgement of the need to recover the costs incurred by organisations attempting to comply with the code of practice, or which retain data, is positive for the industry.”

During the consultation process, ISPA will be raising the following issues, amongst others:

how data can be stored and handed-over by CSPs in compliance with existing data protection law - further legal clarification is urgently needed
how the Government’s code of practice will relate to the diversity of communications service providers (CSPs)
Whether law enforcement agencies will produce and justify a statement of requirements for industry informing them what new procedures they will be required to implement other than those already in place
the details of the cost recovery procedure and whether Subject Access costs will be covered in the proposals
how the code of practise will affect CSPs with operations outside the UK.

Nicholas Lansman concluded, “ISPA still does not know what data law enforcement agencies require in their investigations but we remain committed to helping the Government to combat terrorism and to participating in a constructive consultation process.”

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For further information please contact the ISPA press office at pressoffice@ispa.org.uk or telephone 020 7340 4535.

Notes to Editors

The Internet Services Providers’ Association (ISPA) was established in 1995 as a trade association to represent Internet Services Providers (ISPs) in the UK. ISPA promotes competition, self-regulation and the development of the Internet industry. For a list of members or other information about ISPA, please consult the website: http://www.ispa.org.uk

ISPA is committed to assisting law enforcement in combating crime and holds membership of the Internet Watch Foundation, the Internet Crime Forum and the Home Office Task Force on Child Protection on the Internet as well as participating in ad hoc discussions with law enforcement agencies and Government departments.

The Government confirmed in an answer to a question in the House (26 October 2001)that they do not plan to make data retention mandatory:

Mr. Allan: To ask the Secretary of State for the Home Department what plans he has in respect of the retention of communications data by communication service providers; and whether this will be (a) voluntary or (b) mandatory.
Mr. Denham [holding answer 26 October 2001]: I intend to make it clear that communications service providers may retain data for up to 12 months for law enforcement and national security purposes. I will then work with the telecommunications industry to develop a voluntary code of practice on retention of data.