Police bend rule on email access

Mandelson backs state email snooping as police lay down the law at secret meetings, reports Duncan Campbell

Written by Steve Masters

POLICE officers have routinely obtained access to information about Internet users without court orders, and intercepted email without Home Secretary?s tapping warrants.

These revelations ? made during a law enforcement seminar officially closed to the press ? confirmed that private policing practices can vary from public statements by senior police officers.

Last Sunday Detective Chief Superintendent Keith Akerman, chairman of the Association of Chief Police Officers (ACPO) Computer Crime Group, assured readers of a Sunday newspaper that ?applications to intercept email require a warrant signed by the Home Secretary under the Interception of Communications Act?.

However, at the seminar, fellow officers had revealed how email had been intercepted ?without? a warrant.

The seminar in Edinburgh was the first meeting of the recently-formed ACPO, Internet service provider (ISP) and Government Forum, a body comprising leading government, police, academic and industrial figures.

Delegates were told new policing methods have been developed to meet the challenge of criminals exploiting the Internet.

Police officers revealed that main control on email is the use of special forms which certify that ISPs passing information to police are not in contravention of the Data Protection Act.

But the forms are unchecked by the courts and only require the signature of a police officer ranked no higher than inspector.

Although an ISP is not obliged to comply, an implied risk of non co-operation can mean raids, seizure of equipment, and even prosecution.

Many ISPs have insufficient access to legal advice to know whether or not co-operation would be legal.

Over the last few years, most police forces have used forms they have printed themselves to gain evidence from ISPs. ?We?ve done this on numerous occasions,? said Tony Neate of the ACPO Computer Crime Group.

Detective Sergeant Nigel Jones, of Kent police, said the goal of the seminars was to identify ?what information can lawfully and reasonably be provided to law enforcement agencies?.

The meeting was also told that police forces are considering forming a National Computer Crime Unit to co-ordinate policing the net.

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