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 Post subject: Telegraph: Anti-terror laws used by council ...
PostPosted: Wed, 17 Sep 2008 19:14:56 +0000 
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... to spy on unauthorised punting
http://www.telegraph.co.uk/news/uknews/2970342/Anti-terror-laws-used-by-council-to-spy-on-unauthorised-punting.html
Quote:
Covert surveillance was used in a bid to catch independent punt operators collecting customers from undesignated spots along the River Cam in Cambridge.

Cambridge City Council mounted two cameras under a pavilion roof to spy on punters and council staff took hundreds of photographs.

The use of the cameras was authorised under the Regulation of Investigatory Powers Act (RIPA).
Quote:
Labour councillor Lewis Herbert said the council was justified in using the cameras, for health and safety reasons.

Quote:
Richard Taylor, 28, a Cambridge resident, said: "The monitoring of independent punters is just the sort of case where the proportionality of CCTV deployment is controversial and questionable and ought to be reviewed."


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PostPosted: Wed, 17 Sep 2008 19:38:28 +0000 
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The Telegraph have got this completely wrong. RIPA was never intended as an "anti-terror" law: it was enacted as a result of the country's obligations under the Human Rights Act. RIPA is simply the law which regulates surveillance activities of public bodies.

I'm not sure I see an objection to this. If the punts are being used as river taxis, then it is proper for the operators to be licensed and if it is suspected that some are operating illegally, they should be caught and prosecuted. It's a bit difficult to chase a punt down a river asking the "driver" to stop and show you his licence. :wink:

Stu


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PostPosted: Wed, 17 Sep 2008 19:47:35 +0000 
A licensed punt operator. Our new found friend, Mr Littlejohn would have a field day I'm sure. It's all a far cry from Jerome K. Jerome's world. I'm sure it can be justified but it's a bit nanny state'ish.

Justin.


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PostPosted: Wed, 17 Sep 2008 19:57:36 +0000 
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stu2630 wrote:
The Telegraph have got this completely wrong. RIPA was never intended as an "anti-terror" law: it was enacted as a result of the country's obligations under the Human Rights Act. RIPA is simply the law which regulates surveillance activities of public bodies.


Stu

If that is so, then maybe it shouldn't have been promoted by government as an 'anti-terror' measure to get it passed... :wink:


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PostPosted: Wed, 17 Sep 2008 20:01:05 +0000 
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Justin

Yes, I agree it is a bit nanny-ish but I can see the thinking behind it (like limiting the numbers of people who can do it and making sure that they aren't rip-off merchants fleecing tourists etc).

Trevor

Quote:
If that is so, then maybe it shouldn't have been promoted by government as an 'anti-terror' measure to get it passed.


They didn't in all fairness. Remember that it happened before the Twin Towers incident, which was what sparked off the latest round of anti-terror measures. RIPA is a pain in the posterior to investigators - it doesn't give them any powers they didn't already enjoy but it does put a whole bunch of restrictions and red-tape in their way before they can initiate any surveillance operation.

Stu


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PostPosted: Wed, 17 Sep 2008 20:18:31 +0000 
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stu2630 wrote:

Trevor

Quote:
If that is so, then maybe it shouldn't have been promoted by government as an 'anti-terror' measure to get it passed.


They didn't in all fairness. Remember that it happened before the Twin Towers incident, which was what sparked off the latest round of anti-terror measures. RIPA is a pain in the posterior to investigators - it doesn't give them any powers they didn't already enjoy but it does put a whole bunch of restrictions and red-tape in their way before they can initiate any surveillance operation.

Stu


Maybe you believe that, but the following is the wording on the home office security site..

Quote:
Counter-terrorism strategy

Surveillance

Surveillance is an indispensible way of gathering intelligence against terrorists and other sophisticated and ruthless criminals.

Surveillance means:

*Monitoring, observing and listening to individuals' movements, conversations and other activities or communications
*recording anything monitored, observed or listened to in the course of surveillance
*using a surveillace device

This section explains the reasons why surveillance is sometimes used, and how we ensure that it is used only when neccessary.

Stakeholders who work with the Regulation of Investigatory Powers Act (RIPA) will find more information on the Home Office RIPA website.


Can you explain how anyone is not supposed to reason that RIPA (amongst other things) is an 'anti-terror' legislation given that official wording?


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PostPosted: Wed, 17 Sep 2008 22:07:51 +0000 
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Trevor

Of course they have to apply RIPA in counter terrorism operations - it's the law and it applies to any and all surveillance operations. My point was that this law wasn't designed specifically with terrorism in mind, but rather for all surveillance operations. I can't see what the issue is in this particular case. Prior to RIPA, there were no controls on physical observation surveillance whatsoever - zilch! RIPA doesn't benefit the investigators in such cases any way - quite the opposite. It's there to regulate the surveillance, not facilitate it. If you were to abolish RIPA, most public servants involved in investigation would jump for joy because, frankly, most of it is a pain in the arse.

You can read the whole Act here:

http://www.opsi.gov.uk/acts/acts2000/uk ... 00023_en_1

If you can be bothered to plough through it, you'll see that it doesn't mention terrorism. That's because it was enacted before the present terrorism concerns emerged. Prior to that, all the anti-terror stuff was introduced (mostly) in the Thatcher era to combat the IRA etc. All the recent stuff, the new and draconian "anti-terror laws", came about as a result of 9/11 and Blair cosying up to Bush.

Trevor - you have mentioned this before and you really have got the wrong end of the stick about RIPA. There are issues which should concern us with regard to RIPA concerning telephone tapping and data interception, but the case cited didn't involve any of these activities. It was about watching and photographing people where it is believed offences were being committed. The only effect RIPA has with regard to this is to impose obligations and restrictions on the observers - it gives them no powers or rights they didn't have before.

Stu


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PostPosted: Thu, 18 Sep 2008 13:27:38 +0000 
I think the river punt thing shows the stupid mentality of what we've gotten into - that everything has to be licensed, vetted, numbered, approved, stamped and monitored by officialdom. Ever seen the film Brazil? Or in a more humerous veins, the Vogons in the Hitch-Hikers Guide to the Galaxy?

If you'd gone back in history about and suggested that it was in any way necessary to license this sort of thing, much less to use spy cameras to keep tabs on it, you'd have been laughed at because such an absurdity would only happen in one of those peculiar countries which let the cold, dead hand of the overbearing state run abolsutely everything.


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PostPosted: Fri, 19 Sep 2008 20:43:44 +0000 
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stu2630 wrote:

Trevor - you have mentioned this before and you really have got the wrong end of the stick about RIPA. There are issues which should concern us with regard to RIPA concerning telephone tapping and data interception, but the case cited didn't involve any of these activities. It was about watching and photographing people where it is believed offences were being committed. The only effect RIPA has with regard to this is to impose obligations and restrictions on the observers - it gives them no powers or rights they didn't have before.

Stu

If only that were so...

In the real world of course it's different, as a quick poll here would ascertain!

You may feel that RIPA is only regulatory (as is your right), but it has set in motion a train of surveillance that (regulated or not) just did not exist beforehand in the same numbers..and it WAS advocated as an 'anti-terror measure'!

But just ask yourself this...when has 'legalising' anything curbed the usage?

All RIPA does is give a green light to surveillance -I have the figures, you only have a theory... :wink:


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