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Old 09-07-2008, 14:35   #11445
Hank
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

Quote:
Originally Posted by jelv View Post
I interpret all these refusals to investigate as an acknowledgement by the authorities that a crime has probably been committed.
Yep. That's why I'll just keep following the trail until I get to the top. (Or until I go round and around in circles finally ending up my own.... whatever - and I copy the Earl Of Northesk in so he sees it's still going on - good to see he raised it again, this is what we need)

Here's that letter from Sir Paul Kennedy's Office (the office of The Interception of Communications Commissioner). I told them I would publish it if they did not ask me to do different:

Quote:

From: The Assistant Private Secretary to
The Interception of Communications Commissioner
c/o Room P.S.Sl,
2 Marsham Stnet
London SW1P 4DF

Dear xxxxxxxxxxxxxxxx

The Commissioner has asked me to thank you for your letter of 18th June. He has not seen the letter from West Yorkshire Police to which you refer, but if it says that it is the role of the Commissioner to investigate all matters in respect of alleged breaches of the Regulation of Investigatory Powers Act 2000 (RIPA), that is not correct. His role is set out in RIPA section 57(2). It is not an investigatory role, it is a requirement to keep under review the exercise and performance by the Secretary of State and others of powers and duties imposed upon them by the Act. If, for example, a person were to intercept a telephone 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. That would be a matter for the prosecuting authority, namely the police and the Crown Prosecution Service. Accordingly the Commissioner is not in a position to assist you in relation to your concems about the alleged activities of BT.


Yours sincerely



Assistant Private Secretary
to the Commissioner
SO... my take on this is: If the Police don't act then I can go back to him and say:
Please can you review the exercise and performance by the Secretary of State and the Police of powers and duties imposed upon them by the Act because a person(s) has intercepted thousands of communications intentionally, and without lawful authority, which is an offence according to RIPA section 1(1).

Of ocurse, the file being handed over to the police in London next week during the protest can only help get some traction behind this too!!

Hank