[governance] FW: TP: city government exercising policy on Google Applications / consumer rights / Consumer Protection Act / trial period

Roland Perry roland at internetpolicyagency.com
Thu Jul 14 12:34:40 EDT 2011

In message 
<A0615421071EDD4A9F851117D67D538A07B75415 at EXCH01.KDBSystems.local>, at 
15:42:18 on Thu, 14 Jul 2011, Kerry Brown <kerry at kdbsystems.com> writes
>I'm not a lawyer and struggle with some of the terms in the linked 
>document. Do the governments have free access to the retained data or 
>is there some kind of court oversight in how the data is accessed?

That depends on the country, and some do allow law enforcement to access 
data without the involvement of a court [order].

But Law Enforcement access has (in any event) to also comply with the 
European Human Rights law, which would forbid them doing it without what 
the USA-ians call "probable cause", and without infringing 
proportionality. These would outlaw fishing expeditions.

>As long as there is court oversight involved I am not against law 
>enforcement agencies getting access to this kind of data.

In the UK (for example), the rules are encapsulated in various very 
lengthy "Codes of Practice" which are published and which the 
communications industry insists are followed. If they get requests they 
believe are outside of that, they'll simply refuse to co-operate.

The governmental oversight is by a Commissioner who does regular bulk 
post-hoc inspections of the process conducted by the various law 
enforcement agencies empowered to ask for disclosure (which isn't all of 

Individuals can also bring complaints to the Commissioners, and some of 
them are even upheld (against poorly trained agencies normally).

>The proposed Canadian legislation does not provide for any court 
>oversight. Any law enforcement agency can request to access the data 
>without giving a reason why or justifying the request in any way. Law 
>enforcement agencies will be free to use this data for fishing 
>Kerry Brown
>> -----Original Message-----
>> From: governance at lists.cpsr.org [mailto:governance at lists.cpsr.org] On
>> Behalf Of Roland Perry
>> Sent: July-14-11 2:24 AM
>> To: governance at lists.cpsr.org
>> Subject: Re: [governance] FW: TP: city government exercising policy on
>> Google Applications / consumer rights / Consumer Protection Act / trial
>> period
>> In message <4E1EA33C.10500 at digsys.bg>, at 11:05:16 on Thu, 14 Jul 2011,
>> Daniel Kalchev <daniel at digsys.bg> writes
>> >PPS: By the way, law like that requiring ISPs to keep record of their
>> >customers Internet usage and provide access to that data to Government
>> >has passed already in Bulgaria.
>> It's the law in Europe:
>> http://eur-
>> lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0225:FIN:EN:PDF
>>         "The Data Retention Directive requires Member States to oblige
>>         providers of publically available electronic communications 
>>services or
>>         of public communications networks to retain traffic and location data
>>         for between six months and two years for the purpose of the
>>         investigation, detection and prosecution of serious crime."
>> etc

Roland Perry
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