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IP: UK introduces E-Communications Bill


From: Dave Farber <farber () cis upenn edu>
Date: Mon, 22 Nov 1999 09:22:28 -0500



Date: Mon, 22 Nov 1999 14:20 +0000 (GMT)
From: wendyg () cix compulink co uk (Wendy Grossman)
Subject: UK introduces E-Communications Bill
To: farber () cis upenn edu

The rechristened Electronic Commerce Bill was finally introduced into
the UK Parliament last week.  Since the present Labour government has a
substantial majority, passage seems likely, though I'm not sure what
dickering there may be beforehand.

Shockingly, all the complaints and public meetings about the threat to
civil liberties inherent in earlier versions of the bill (the first
proposals required key escrow as a condition of licensing as a
cryptographic service provider; the last set dropped that but included
decryption powers that would have shifted the burden of proof from
innocent-until-proven-guilty to guilty-until-proven-innocent) have had
some effect, and the law enforcement access provisions have been removed
from the bill into a separate piece of legislation to be known as the
Regulatory of Investigatory Powers Act (RIP -- have they thought about
this?) which will also update the Interception of Communications Act and
regulate surveillance and some other things like that.  The current
version is a little confusing (at least to me) on the subject of key
escrow, as one sentence prohibits it from being a requirement and the
next says it may be imposed as a requirement.

The bill also still creates a regulatory regime for cryptographic
services, by creating a licensing scheme.  The belief is apparently that
without some kind of official approval available the public won't trust
the Net/the service providers.  I am, of course, among those who
question this assumption, and view it as unnecessary and burdensome
administration that will only add to the complexity of doing electronic
business here.

Although this government has often said that its goal is to make Britain
the best place to do ecommerce by 2002, the really significant obstacles
remain untouched:  the high cost of access to the Internet (because of
telephone costs; broadband here is still only available to a few
selected triallists or those who can afford leased lines); the messily
conflicting VAT regulations across Europe; and the generally higher cost
of doing business in the UK (over, say, the US, where many of its Net
competitors are coming from).

The full text of the bill is at
http://www.parliament.the-stationery-office.co.uk/pa/cm199900/cmbills/004
/2000004.htm

Intelligent commentary on same is at
http://www.fipr.org

wg
http://www.well.com/user/wendyg


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