6. INTERCEPTION WARRANTS
(SECTION 8(4))
6.1. This section applies to the interception of external
communications by means of a warrant complying with section 8(4)
of RIPA.
6.2. In contrast to section 8(1), a section 8(4) warrant instrument
need not name or describe the interception subject or a set of premises
in relation to which the interception is to take place. Neither does
section 8(4) impose an express limit on the number of external
communications which may be intercepted. For example, if the
requirements of sections 8(4) and (5) are met, then the interception of
all communications transmitted on a particular route or cable, or
carried by a particular CSP, could, in principle, be lawfully authorised.
This reflects the fact that section 8(4) interception is an intelligence
gathering capability, whereas section 8(1) interception is primarily an
investigative tool that is used once a particular subject for interception
has been identified.
6.3. Responsibility for the issuing of interception warrants under
section 8(4) of RIPA rests with the Secretary of State. When the
Secretary of State issues a warrant of this kind, it must be
accompanied by a certificate. The certificate ensures that a selection
process is applied to the intercepted material so that only material
described in the certificate is made available for human examination.
If the intercepted material cannot be selected to be read, looked at or
listened to with due regard to proportionality and the terms of the
certificate, then it cannot be read, looked at or listened to by anyone.
Section 8(4) interception in practice
6.4. A section 8(4) warrant authorises the interception of external
communications. Where a section 8(4) warrant results in the
acquisition of large volumes of communications, the intercepting
agency will ordinarily apply a filtering process to automatically discard
communications that are unlikely to be of intelligence value.
Authorised persons within the intercepting agency may then apply
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