New Privacy Concerns: ISPs,Crime Prevention and Consumers' Rights

In November 1998, Cyber-Rights & Cyber-Liberties (UK) authored a 'privacy letter' to be sent from a subscriber to an Internet Service Provider (ISP) addressing concerns over privacy of communications through a UK ISP. The letter was drafted from the consumers' perspective and raises important issues in relation to ISP privacy policies. The 'privacy letter' was partly developed as a response to the Association of Chief Police Officers (ACPO), the ISPs and the Government Forum's initiatives in relation to developing 'good practice guidelines' between Law Enforcement Agencies and the Internet Service Providers' Industry. These guidelines describe what information can lawfully and reasonably be provided to Law Enforcement Agencies, under what circumstances such information can be provided, and the procedures to be followed in such cases. The process initiated by the ACPO Forum has so far excluded the views of concerned citizens and civil liberties organizations. This article will provide an insight into the activities of the ACPO/ISPs/Government Forum and will argue that procedures can only be properly designed within a legal context that takes due account of individual rights and liberties.