The ISP named in this article hosts the Prisoners Solidarity Group (spg) and sevral other radical and progressive organizations' websites. - R&R!
Times of London; 11/27/97
A Dutch Internet service provider, XS4ALL, has refused to allow the country's Ministry of Justice to place an "Internet wiretap" on one of its subscribers under investigation by the government.
XS4ALL is willing to take the case to the Dutch courts, arguing that laws regarding telephone wiretapping do not extend to the Internet.
The service provider was asked to monitor the Internet traffic of a subscriber for one month, then supply the information to the police.
All Internet activity would be monitored - including e-mail, chat sessions, Usenet and Web access.
XS4ALL is expected to undertake all of the technical arrangements, effectively acting as agents for the Ministry of Justice.
It has informed the Ministry that in its view the instruction lacks any adequate legal basis.
The company's refusal makes it liable for a penalty but XS4ALL is hoping for the case to be quickly brought so that a court can make a judgment.
In the past, the company has complied with instructions requesting personal information relating to an e-mail address.
Wilbert Stikkelbroeck, the managing director of XS4ALL, told Interface: "Legislation exists where the police can ask for data stored on our system, but there is no legislation concerning monitoring traffic on the Internet.
"The police have asked for complete records of all traffic to and from this user.
"The instruction has such far-reaching implications that there is no way we are willing to comply with this request.
"We are waiting for the police to give us a final order to comply. We will refuse the final order and then we will go to court. We are not worried about this in any way.
"We have very good lawyers and advisors who are very familiar with the legislation.
"The advice we have is that the law is on our side."
In the UK, there are no clear-cut regulations concerning the monitoring of an individual's Internet traffic.
David Kennedy, chief executive of the Internet Service Providers Association said: "We would expect this to be covered by the same laws that cover such things as telephone tapping.
"If the police go to a service provider with a legal order requesting the monitoring of a subscriber's traffic, we would expect them to comply with the request.
"We've met with the computer crime sub-group of the Assistant Chief Police Officer's Committee, discussing what service providers need as evidence of bone fide police requests.
"It's an ongoing dialogue to work out the best way forward. The basic principle is that we aim to provide whatever we can legally."
Interface asked David Phillips, in charge of America Online's UK legal department, what it would do if the police asked to monitor a member's e-mail.
Phillips explained that because the Internet company's e-mail system is provided from the US, the monitoring of AOL e-mail traffic from the UK is not possible.
"AOL has a policy to co-operate with legitimate law enforcement investigations," he said.
"In such circumstances, AOL would co-operate with the UK authorities to assist them in following procedures where they would have to obtain a probable cause search warrant in accordance with the Electronic Privacy Act in the United States.
"Data stored on a service provider's system in the UK can be provided after the police submit a Section 23-8 form.
"An Internet service provider in the UK can monitor e-mail traffic for the police at its own discretion, but it doesn't have to do so without a warrant issued under the UK Interception and Communications Act of 1985, and the warrant has to be signed by the Home Secretary.
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