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Old 09-07-2008, 13:12   #11440
Hank
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

In post 34571690 I pasted a copy of a letter I wrote to West Yorkshire Police to report a crime.

I then had a reply from a Detective Inspector which told me they could not help and "All matters in respect of alleged breaches of communications are dealt with by The Interception of Communications Commissioner."

So I wrote to Sir Paul Kennedy (The Commissioner, c/o 2 Marsham Street, London SW1P 4DF). Now I did say I would share his reply, so I'll scan in and do that later. Suffice to say... (you guessed it!!), he does not agree with the Detective Inspector.

So I am writing back to the DI at West Yorkshire Police and I post below my letter reporting the crime again, this time backed up by Sir Paul's commentary:
Quote:
Detective Inspector xxxxxxxxxxx
West Yorkshire Police Headquarters
PO Box 9
Laburneum Road
Wakefield
WF1 3QP

9th July 2008


Dear Detective Inspector


Reporting a crime by BT plc - Interception of communications, contrary to RIPA 2000

Thank you for your letter dated 5th June 2008 in response to my reporting of a crime under the above act, RIPA 2000.

In your letter you explained that all matters in respect of alleged breaches of communications are dealt with by The Interception of Communications Commissioner (hereafter referred to as The Commissioner) care of 2 Marsham Street in London SW1.

The commissioner does not agree with you. In receipt of your letter I wrote to Sir Paul Kennedy (The Commissioner) and have now received a response from his office which states that The Commissioner's role is set out in RIPA section 57(2) and he goes on to explain the process in more detail:

The Commissioner advises me that if a person were to intercept a communication intentionally, and without lawful authority that would be an offence (see RIPA section 1(1)), but it would NOT be any part of the duty of The Commissioner to investigate the offence. Investigating 'would be a matter for the prosecuting authority, namely the police and the Crown Prosecution Service.'

So, I refer back to my original letter of 26th May 2008 and I would like to report a crime. I witnessed Ms Emma Sanderson, a director of BT plc, appear on British terrestrial television (*Channel 4, April 3rd 2008) saying that BT had intercepted communications of a number of customers, intentionally and without any legal order to do so, in 2006 and then again in 2007.

Since the admission on television and my letter to you, a BT internal paper was 'leaked' to the public on June 4th 2008 via the internet*. The paper details how BT sought to keep this communication interception activity from their customers (evidence that they did not obtain permission for the interceptions carried out). The paper makes no reference to a legal order for carrying out the interceptions so I believe that the extent of your investigation might be to check that no such authority was provided before passing this to the CPS.

* Video evidence from Emma Sanderson, the BT director interviewed by Channel 4 News is available on the internet:
http://www.channel4.com/player/v2/pl...p?showId=11622
* BT internal paper 'PageSense External Validation Report 15th January 2007” is available here:
http://wikileaks.org/wiki/British_Te...idation_report


It would be wrong of I to intercept my neighbours mail and open it. It would be wrong to try and tap into their phone calls. It would be wrong to tap into my neighbours wireless internet connection and review all their data. No communication company can be allowed to do this.

There are many legitimate reasons I can think of for legally intercepting communications and I will always fully support our security need to be able to do so in Britain. However, if BT, a company with offices in our region, has done this on a grand scale to thousands of customers, without permission and with no legal order or authority, then our police service need to investigate and pass their findings onto the CPS.

I trust that you are now in a position to be able to register that an alleged crime has taken place and take the necessary steps to ensure that those responsible are brought to justice.

Please note that there are now a large number of people interested in seeing that this issue is tackled and the law applied. I have published this letter (minus your name and mine) on a public forum. Unless you specifically request that I do not do so, I will share the response from West Yorkshire Police with interested parties on the same forum.

Yours sincerely


xxxxxxxxxxxx
I wonder what the next letter will say...

Hank