Secretary of State and approved by Parliament.3 Section 12(3A) of
RIPA provides for the Secretary of State to serve a notice on a
company located outside the UK but providing telecommunications
services to customers within the UK, setting out the steps they must
take to ensure they can meet these obligations. The Government must
seek to consult with the CSP over the content of a notice before it is
served.
3.15. Section 12(3B) of RIPA provides that where a notice is to be
given to a person outside the UK, the notice may (in addition to
electronic or other means of service) be given to the person:
• By delivering it to the person’s principal office within the UK or,
if the person does not have an office in the UK, to any place in the
UK where the person carries on business or conducts activities;
• At an address in the UK specified by the person.
3.16. When served with a notice, a CSP, if it feels it unreasonable, may
refer that notice to the Technical Advisory Board (TAB) to consider
the reasonableness of the technical requirements that are being sought
and the financial consequences. Details of how to submit a notice to
the TAB will be provided either before or at the time the notice is
served.
3.17. Any CSP obliged to maintain a permanent interception
capability will be provided with a handbook which will contain the
basic information they require to respond to requests for reasonable
assistance for the interception of communications.
Duration of interception warrants
3.18. Interception warrants issued on serious crime grounds are valid
for an initial period of three months. Interception warrants issued on
national security/economic well-being of the UK grounds are valid
for an initial period of six months. A warrant issued under the
urgency procedure (on any grounds) is valid for five working days
following the date of issue unless renewed by the Secretary of State.
3
12
Regulation of Investigatory Powers (Maintenance of Interception Capability) Order 2002 –
http://www.legislation.gov.uk/uksi/2002/1931