Concessions include introducing a safeguard that allows
companies to sue security services in the event of the interception
of e-mails resulting in a breach of company confidentiality.
A further attempt to restore confidence in the bill was made by
announcing plans to establish a Technical Advisory Board that will
oversee the implementation of orders made to ISPs. This is expected
to be financed by part of the government’s £20million fund set
aside for implementing the bill.
As part of the compromise, the Home Office issued Codes of
Practice on 10th July requiring that police must always request
access to encryption keys from a director of the company before
forcing companies to hand over keys.
An exception to this obligation is made where the company
director is a suspect in a criminal investigation.
Despite these concessions the police will still have the power
to demand keys to aid decryption. The UK is unique in intending to
operate such a system and many observers believe that it will drive
e-commerce initiatives and ISPs away from the UK.
At least three UK based ISPs, including Poptel and Claranet,
have already expressed their intention to leave if the bill is
passed.
