CHAPTER 15: RECOMMENDATIONS
an specific interception warrant
a combined warrant
a bulk interception warrant.
(b)
For the acquisition of communications data in bulk, a bulk communications data
warrant.
(c)
For the acquisition of communications data otherwise than in bulk, an
authorisation.
21.
To the extent that Recommendation 6 above is adopted, the analogous activities
there referred to should be subject to equivalent procedures.
22.
Specific interception warrants, combined warrants, bulk interception warrants and
bulk communications data warrants should be issued and renewed only on the
authority of a Judicial Commissioner.
23.
Authorisations for the acquisition of communications data otherwise than in bulk
should be issued only on the authority of a DP authorised to do so by the authorising
body.
Extraterritorial effect
24.
25.
It is not recommended that service providers wishing to offer services in the UK
should be required to have a licence, or that they should be required to store data in
the UK. But in order to address deficiencies in access to material from overseas
service providers, the Government should:
(a)
seek the cooperation of overseas service providers, including by explaining so
far as possible the nature of the threat, how requests are authorised and
overseen, and the steps that are taken to ensure that they are necessary and
proportionate;
(b)
seek the improvement and abbreviation of MLAT procedures, in particular with
the US Department of Justice and the Irish authorities; and
(c)
take a lead in developing and negotiating a new international framework for
data-sharing among like-minded democratic nations.
Pending a satisfactory long-term solution to the problem, extraterritorial application
should continue to be asserted in relation to warrants and authorisations (DRIPA
2014 s4), and consideration should be given to extraterritorial enforcement in
appropriate cases.
Specific interception warrants
26.
Only those persons currently specified in RIPA s6 should be entitled to apply for a
specific interception warrant.
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