Has the Home Office consulted the Deprtment for trade and Industry and with Her Majesty's Treasury over their planned change in the legal definition of an "electronic signature" ?
We rather suspect not, but perhaps our FOIA requests below will prompt the various officials to actually talk with each other, before they inflict
Sent to the Department for Trade and Industry on Thursday 15th June 2006
email: dti.enquiries@dti.gsi.gov.uk
Dear Sirs,I am writing to you with a request for information under the Freedom of Information Act 2000:
-----------------------------
Question 1)
What discussions or consultations or meetings has the Department for Trade and Industry had with the Home Office Covert Investigation Policy team,contact:
Graeme McGowan,
Covert Investigation Policy Team,
Home Office,
5th Floor,
Peel Building,
2 Marsham Street,
London SW1P 4DFover their recently published Public Consultation and Draft Code of Practice for the Regulation of Investigatory Powers Act 2000: Part III Investigation of Electronic Data Protected by Encryption etc. paragraph 3.15 ?
This is available online from
http://www.homeoffice.gov.uk/documents/cons-2006-ripa-part3/
"3.15 An electronic signature means anything in electronic form which is incorporated into or logically associated with any electronic communication or other electronic data, generated by the signatory or other source of the data, and which establishes the authenticity of the data, its integrity, or both by providing a link between the signatory or other source and the communication or data."
It appears that the Home Office is trying to effectively change the legal definition of an "electronic signature", to something which is quite different from that which is laid down in the
Electronic Communications Act 2000 Section 7 Electronic signatures and related certificates
http://www.opsi.gov.uk/acts/acts2000/20000007.htm#7
"Electronic signatures and related certificates.
7. - (1) In any legal proceedings-
(a) an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and
(b) the certification by any person of such a signature,
shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.
(2) For the purposes of this section an electronic signature is so much of anything in electronic form as-
(a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.
(3) For the purposes of this section an electronic signature incorporated into or associated with a particular electronic communication or particular electronic data is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that-
(a) the signature,
(b) a means of producing, communicating or verifying the signature, or
(c) a procedure applied to the signature,
is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication or data, the integrity of the communication or data, or both."
The potential implications for e-commerce, internet banking, and the entire financial industry of this apparent change in the law are potentially enormous, and pose a significant risk to the economy of the United Kingdom.
Question 2)
What is the view of the Department for Trade and Industry on this matter ?Question 3)
Will the DTI be making a submission to this Home Office Public Consultation ?
-------------------------------------Please provide the requested information, ideally by publishing it on your public world wide website, or alternatively by email.
In the unlikely event that this information is not already available in a standard electronic format, then please explain the reasons why, when you provide the information in another format.
If you are proposing to make a charge for providing the information requested, please provide full details in advance, together with an explanation of any proposed charge.
If you decide to withhold any of the information requested you should clearly explain why you have done so in your response, by reference to the Freedom of Information Act 2000 legislation.
If your decision to withhold is based upon an evaluation of the public interest, then you should clearly explain which public interests you have considered, and why you have decided that the public interest in maintaining the exception(s) outweighs the public interest in releasing the information.
I look forward to receiving the information requested as soon as possible, and in any event within the statutory 20 working days of receipt. i.e. by Friday 14th July 2006.
Thank you in advance for your assistance.
If you require any clarification of this request please contact me as soon as possible.
Yours sincerely
A similar email has been sent to Her Majesty'sTtreasury
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