35. Change 2: under RIPA Part I, the same warrant may cover all the
communications of an individual. There are, therefore, more modifications to
warrants (additions and deletions) but fewer new applications and
cancellations than before.
Advantage: given the range of communications often possessed by one
individual, the new arrangements are easier to manage. One subject has
only one warrant and this will require just one renewal. Under IOCA,
warrants for intercepts with different CSPs, depending on the timing of
their imposition, could be renewed at different times, adding to the
workloads of desks, line management, and the warrantry unit.
Advantage: given that modifications may be authorised by Home Office
senior officials and not just the Home Secretary, (and given that the
former are likely to be more available) the interception of new lines can
be put in place more quickly.
Advantage: emergency modifications may be authorised by the Director
General, Deputy Director General or Service Legal Adviser. Again,
given that they are likely to be more quickly available, in emergencies,
the interception of new lines can be put in place more speedily.
36. Change 3: the interception of private telecommunications networks (for
instance in a hotel) could not be warranted under IOCA. This meant that it was
possible for someone whose private network conversations had been
intercepted to argue that his or her privacy had been invaded unlawfully. Under
RIPA, all cases of “private side” interception need warranting.
Advantage: the warranting provides compliance with ECHR.
37. Change 4: under IOCA, some kinds of communications (for instance,
those involving certain internet service providers) could not be warranted.
RIPA Part I has been drafted so that new ways of communicating should all be
able to be warranted.
Advantage: subjects of Security Service investigations are making
increasing use of e-mail and other relatively recent technologies. RIPA
clarifies the legal position of their interception, and provides ECHR
compliance.
38. Change 5: interception of pager messages need to be warranted under
RIPA Part I.
Advantage: once again, RIPA clarifies the legal position.
Disadvantage: there is a delay whilst the warrant is obtained.
39. Change 6: all RIPA Part I warrants other than those obtained under
emergency procedures will be valid for three months initially and for six
months (national security) or three months (serious crime) following each
subsequent renewal.
Advantage: increase in duration for initial authorisations for both
national security and serious crime warrants, and increase in subsequent
duration of the latter following renewal, is a widely felt advantage. This
results in less paperwork for intelligence sections and the warrantry unit.
Secret Intelligence Service
40. In SIS’s view, the drafting and enactment of RIPA provided a useful
opportunity to modernise the warrantry system developed under the
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