United Kingdom Law/Reform/Draft Communications Bill

(Note, not forming part of the Bill, Since this was drafted there have been significant changes in UK law, and there is also as of 2022 the pending Online Safety Bill, meaning the

A BILL to extend and amend the law relating to Electronic and Data Communications, by requiring the providers of such services to provide accurate origin information on request; to destroy certain types of malicious or abusive communications upon request; to establish certain requirements in law as to the handling the same; for ensuring that users of electronic communications services may adequately recall or cancel communications made via such services and for providing an asset termination provision on decease.

WHEREAS some communications providers currently are not necessarily required to identify the origin of abusive or malicious communications, or communications otherwise of concern,

AND WHEREAS the inability to obtain this information frustrates legal process against responsible parties.

AND WHEREAS there is an absence of a legal requirement to compel identification.

AND WHEREAS some communications providers seemingly retain communications indefinitely, and are not required generally by law to remove them, despite request from identified parties of competent authorities.

AND WHEREAS some communications provider are not required in law to provide a recall mechanism for communications posted via them

AND WHEREAS the law in relation to 'digital' asset destruction on decease is not clear.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I Traceable Communications

Requests for origin information

1.-(1) A communications provider, which shall deliver or cause to deliver a communications transmission to any person, company, body corporate, or properly constituted legal entity within the United Kingdom shall, upon application by any of the parties listed at (2), for the purposes listed in subsection 3, provide such origin information as the communications provider retains, as would enable a reasonable person acting on

(a) Their own behalf, in respect to them being a person within the scope of 3 (b).

(b) A "competent authority".

(2) The following shall be the parties able to make a request with respect to sub-paragraph (1):-

(a) A "competent authority" under Schedule 1,

(b) The person, company, body corporate or properly constituted legal entity to whom such communication shall be directly delivered, presented or addressed; or

(c) Any person, organization, subscriber, or account-holder, which the communication shall specifically mention, reference, or draw inference to, and which could be directly identified from the information provided in the communication.

(d) The parent, carer or legal guardian for the time being, of a person or individual at (b) or (c) , who shall be under the age of 18 years, at the time the communications transmission was delivered or otherwise received, by the said person or individual.

(e) The carer, or legal guardian duly appointed for the time being of a 'protected vulnerable person' at (b) or (c), who shall lack "mental capacity" (with the meaning assigned by the ???? Act) to act for themselves; or

(f) The executor of a deceased's estate, acting for the deceased interests (as if at (b) or (c)); or

(g) A duly competent and qualified legal representative acting on behalf of any of previously mentioned parties in subsections (a)-(f).

(h) Any authority, body or representative not listed previously, which shall be duly authorised by the Home Secretary in a specific case, and for that specific case only, after appropriate consideration on merit.

(3) A request under sun paragraph (1) shall be deemed valid if it is made:

(a) by a "competent authority" in furtherance of an active criminal investigation, prosecution, commission, inquiry or tribunal, for the purposes of preventing, prosecuting or undertaking enforcement action against: -

(i) terrorism, or

(ii) serious organized criminal activity; or

(iii) fraud; or

(iv) misuse of public authority, revenue or assets; or

(v) malicious communication (within the meaning of Section 127 of the Communications Act 2003); or

(vi) an inappropriate sexual communication with a child or protected vulnerable person; or

(vii) (I) imagery or media depicting abuse or unlawful exploitation of a child (within the meaning ascribed by  ??? Act ????) (II) imagery or media depicting the abuse or unlawful exploitation of a protected vulnerable person (within the meaning ascribed by  ??? Act ????)

(viii) extreme pornography (within the meaning ascribed by ??? Act ???); or

(viii) unauthorised disclosure of 'prohibited' materials; or

(iv) An offence under this act; or

(ix) Such additional 'necessary and proportionate' purposes of crime prevention or enforcement action, as may be determined by the Home Secretary, in a specific single case or action, and for that single case or action only.

(b) by an individual identified in or by the relevant communication, for identification of a relevant party, or material witness in respect of a civil action or process that has been commenced, or would have grounds in law for being commenced, in respect of:-

(i) defamation or libel.

(ii) negligent misrepresentation.

(ii) impersonation with intent to commit other torts

(iii) infringement of copyright, patent right or protected design.

(iv) breach of trust, confidence, or legal duty.

(v) unauthorised disclosure of "protected sensitive data".

(vii) Such additional torts, actions processes, purposes as a competent court, commission, inquiry or tribunal or the Home Secretary shall direct in a specific case, and for that specfic case only.

(4) The Home Secretary may by virtue of this subsection, shall be required to and may lawfully under this section, periodically issue regulations as to the acceptable minimum level of origin information that shall be required to be supplied in response to requests under sub paragrpah (1)

Refusal of origin information to be an offence.

2.-(1) It shall be an offence for any communications provider to unreasonably fail to respond to a request made

(2) For the purposes of the offence, it shall be immaterial when the communications trnsmission was made, provided that :- (i) any relevant communications transmission shall be clearly dated after the coming into force of this Part. (ii) The request shall be made within 12 months of the date of the Communications transmission.

(3) Nothwithstanding the previous provisions (1) and (2), The Home Secretary, may at their discretion issue a exemption to the said provisions, in "necessary and proportional" circumstances pertaining to a specific case, and for that specific case only.

Deliberate obfuscation or destruction of communications origin information" an offence.

3.(1) It shall be an offence for any communications provider, after the coming into force of Part 1, to knowingly operate or continue to operate having been duly notified, without the written consent and authority of the Home Secretary (or authority delegated by them), for any communications system(s) which shall deliver or cause to deliver a communication to a person within the United Kingdom, whose design or operation shall with deliberate or grossly negligent intent cause the unnecessary destruction or obfuscation of the information requestable under sub paragrpah 1.(1)

(2) A communications provider must lawfully inform an appropriate contact at any originating communications provider(s) as to any all refusals to accept a communication from them, made as a consequence of the avoiding the commission of the offence in subsection (1) of this provision.

Destruction or non-delivery of untraceable communications.

4.-(1) A communications provider or providers (P) shall from the coming into force of this Part, be required to destroy, remove or otherwise appropriately dispose of any untraceable communications transmission, that it shall reasonably or lawfully know or become aware of , provided that such communication shall be dated after the coming into force of Part I.

(2) For the avoidance of doubt, an untraceable communications transmission, shall include those originating with communications providers that would after the date this Part shall come into force be committing the offence in subsection 2 or the provision detailed at 3 previously.

(3) A communications provider may howewer, lawfully and securely retain internally any meta-data concerning untraceable communications transmission including disposals, pursuant to guidance issued by the Home Secretary (or delegated authority from them); and subject to surrender, or destrction, for a period not exceeding 2 years.

(5) A communications provider may lawfully, retain internally evidential copies of any communication for evidential purposes, so as long as such evidential copies are destroyed 2 years after the completion of any process or action arising from the relevant communication, and that said evidential copies are never released except as part of an appropriate judicial or investigative process.

(6) A communications provider is required to and must lawfully inform an appropriate party of the originating communications provider from which the communication was received as to the destruction or non delivery of an untraceable communications transmission originating from it, stating that such destruction is required under the relevant provisions of this or other applicable Acts.

Non-destruction of communications required to be destroyed an offence.

5.(1) It shall be an offence either through intent or negligence to fail to carry out any "necessary and proportional" destruction, removal or disposal as required under the provisions of this entire Act.

(2) Where communications meta-data is retained, it shall be an offence to obstruct, inspection of such meta-data by a "competent authority" as designated under Schedule 1, as the Home Secretary may specify.

(3) Where evidential copies of communications are retained, it shall be an offence to fail to surrender or disclose in full appropriate copies of such material to a "competent authority" under Schedule 1, as the Home Secretary may specify.

Part II Malicious Communications

Communication or delivery of certain malicious communications.

6.-(1) It shall be an offence for any communications provider to, without the consent, authority and exemption of the Home Secretary, to present, forward, deliver or retain any communications transmission , where (other than as otherwise provided in law), provided that the relevant communications transmission be dated, sent or transmitted on a date after the coming into force of this part, where the communications provider shall have been lawfully notified by a "competent authority", that the relevant communication would or would be:-

(i) lead to the commission by it or another party of an offence under the provisions of this Act, as may be in force at the time.

(ii) reasonably constitute a 'malicious communication' as falling within the meaning assigned by Malicious Communications Act 2003 (as amended); or

(iii) shall be a forgery, or impersonation of an identifiable entity, account holder, organisation, company, body corporate, or "competent authority" (including for the avoidance of doubt any communications that could be considered by a reasonable person or "competent authority" to be an attempt at the aforesaid impersonation.)

(iv) unlawful extremist ideological material targeting an identifiable third party, individual, organization or group; or

(vi) obscene material :- (a) involving a person under the age of 18., or (b) involving a protected vulnerable person lacking mental capacity;

(vii) extreme pornography (within the meaning ascribed by the  ??? Act); or

(vii) A "prohibited document" (with the meaning ascribed by ??? Act), or

(viii) unlawful incitement to terrorism, or serious criminal activity or

(ix) A threat of serious harm towards a child or protected vulnerable person, whether credible or not, or

(x) A credible threat of physical harm against a person; or the employees of a company, public authority or other duly constituted legal entity, not being a protected vulnerable person, or child;

(x) A communication which in the opinion of a reasonable person or "competent authority", would knowingly constitute an "inappropriate sexual communication" with a child or protected vulnerable person.

(xi) Any further category of communication, which shall have been deemed to be "malicious" by the Home Secretary (or delegated authority of them) after appropriate consultation in a specific case, and for that specific case only.

(2) Upon due notification, it shall in addition be an offence to fail to remove any communication of the nature afore stated, of which it is informed by a "competent authority" provided that the relevant communications transmission, be dated after the coming into force of this Part.

(3) The offence at 2 (a) shall not be committed under the circumstances listed at (2) if the communications transmission shall be:-

(a) Disclosure or reporting of relevant communications transmission(s) to a "competent authority". (b) Evidence submitted by to a lawfully constituted court, tribunal, inquiry, or as requested in written form by a "competent authority". (c) Disclosure made under qualified privilege. (d) Reporting made to a dedicated contact maintained by a communications provider for the purposes for receiving concerns about communications transmissions which may originate with or be relayed by that communications provider.

(4) It shall also be an offence for a communications provider to deliver or relay a communications transmission which shall re-quote, excerpt, verbataim without context or additional lawful and critical commentary, in substantial portion, a communications transmission which would fall within the preceding subsections., excepting the circumstances listed in sub-pargraph (3).

(5) A communications provider shall by virtue of this section be required in law to make appropriate notification(s) to the originating communications provider(s), concerning the non-delivery of any communications transmission undertaken to avoid the commission of the offence in sub-paragraph (1).

(6) It shall also be lawful for a communications provider to make a discretionary disclosure of a specific communications transmission covered under sub paragraph (1) to:- (a) A 'competent authority' (b) A legally constituted court, tribunal or inquiry. provided that the communications transmission concerned shall be relevant to the material facts of a specific matter under consideration by them, and only for that specific matter.

Destruction of malicious communications and surrender of copies to relevant entities.

7.-(1) Upon notification, discovery or otherwise becoming aware of, a communication reasonably suspected to give rise to liability for an offence under section 6.

(i) the communications provider must destroy or otherwise render un-deliverable the communication(s) concerned, excepting the circumstances in (iii).

(ii) may lawfully retain non-public evidential copies of specific communications transmission, for surrender to any of the parties listed under Schedule 1, or for such reasonable purposes as may be required for internal investigations, provided that such copies are not retained for period longer than 2 years (or in exceptional circumstances a "competent authority" may advise),

(2) A communications provider shall by virtue of this section be required in law to make an appropriate notification about a communications transmission falling under (a) to the the originating communications provider concerning "destruction" of the communications transmission concerned.

Failure to destroy or surrender copies of communication.

8.- It shall be an offence with respect to section 5, for a communications provider to knowingly through intent or negligence:

(i) Fail to complete the destruction (or rendering undeliverable) of the communication(s) concerned.

(ii) Fail upon application by a body listed in Schedule 1 or a 'competent authority' to surrender evidential copies (if retained) of the communication concerned.

Relay of communications from providers committing an offence, an offence.

9.-(1) After the coming into force of this section, it shall be an offence for any communications provider, to knowingly relay communications which would give rise to liability for an offence under this Act, from a communications provider which it knows, or has been notified by a "competent authority" listed in Schedule 1 to be committing any of the offences herein previously or subsequently mentioned in this act.

(2) By virtue or this sub section, a communications provider is required to undertake a reasonable effort to inform appropriate persons in all originating communications providers concerned that they are obliged to refuse delivery or delete communications falling within the relevant provision of this Act.

Part III - Requirements on communications providers

Requirements on Communications providers.

10. By virtue of this section, it shall be a requirement in law for a communications provider to:

(X) Retain a dedicated contact at a physical contact address (and other appropriate contact details) to which concerns about communications originating with it and upon which legal notifications and legal documents may be served.

(X) Maintain an appropriate secure reporting mechanism through which a third party concerns may be reported.

(X) It shall be an offence for a communications provider to comply with the requirements of Part III

Dedicated Contact X-(X) The dedicated contact must be a physical address, upon which any notifications authorised or required by this act may be served.

(X) The persons or person(s) responsible for responding to reporting of concerns sent to the dedicated contact shall if based in the United Kingdom be subject to an "enhanced disclosure", or if based outside the United Kingdom to an equivalent in the relevant jurisdiction deemed appropriate by the Home Secretary.

Secure Reporting mechanism'

X. A communications provider, by virture of X(X) and this section is required in law to maintain a secure reporting mechanism through which concerns about any communications transmission(s) from that provider.

Postings reported to be suppressed during investigative process

X.-(1) Where a communications transmission has been reported to a communications provider either directly, by notification or through the secure reporting mechanism required in Section X, and that communications transmission appears in publicly accessible online media, the communications must make reasonable effort within 24 hours of receipt of said notification, be suppressed from public display or prevented from further delivery, until an appropriate investigation into the alleged abusive nature of content has been adequately completed.

(2). Failure to carry out the action required in subsection 1 (either through intent or negligence) shall constitute an offence.

(3). Reinstatement of any communication, required in subsection 1 to be suppressed (either through intent or negligence) prior to completion of any investigative process shall constitute an offence.

X.-(1) A communications provider suppressing a communication by virtue of the previous section, must through appropriate notification inform the originating communications provider, as well as making a "reasonable" effort to inform the entity responsible for communication as to the suppression of it.

(2) Failure to inform the originating communication provider(s) shall constitute an offence.

Appeal of communication suppression

X.-(1) A communications provider must by virtue of this section, in law, in addition provide a secure appeals procedure for content which has been suppressed.

(2) An entity appealing a suppression of any communication, must through appropriate notification must provide:

(i) An appropriate physical address to which communications or notifications of a legal nature and about the communication so suppressed may be sent.

(ii) Either : (a) A statement confirming that they accept legal responsibility as to being the communications provider originating the communication(s)concerned. and

(b) A concise summary of the reasons as to why the content does not constitute a communication which would be abusive, malicious or would lead to a the commission of an offence under any of Parts I-IV of this act. or;

(iii) A full and accurate explanation of where the communication originated up-stream or down-stream of their systems, if they are any intermediate communications provider, in respect of the transmission concerned.

(3) Arguments presented at (2)(iii) which:

(i) are contrary to the wording of any law, Act, Rule, Regulation or Order that shall then be in force.; or

(ii) of themselves would constitute a violation of any law, Act, Rule or regulation then in force, or would be necessity involve the commission of further offences. ; or

(iii) which shall fail to provide the required explanation.

shall be deemed as insufficient.

Limitation of Appeals.

(4) Any appeal of communications suppression must be made within 2 years of the suppression of the communication.

Destruction of communications flagged as abusive or malicious.

X. Any communication that has been reported and subsequently suppressed under section X , must within 2 years of the suppression of said communication, be completely destroyed by the communications provider, unless:

(i) The communication concerned has already been deleted or destroyed through the normal operation of the communications service provided. For the purposes of this sub-section it shall be insufficient to merely claim that a posting no longer exist on their own equipment.

(ii) The communications provider shall have received a valid and justified appeal concerning the communication such that suppression has been lifted.

(iii) The communication concerned has already been deleted as a communication falling within Part I of this Act.

(iv) An exemption shall have been granted by the Home Secretary in respect of specfic communications transimission(s) and in respect of those specfic communications transmissions only.

Part IV - Recall or cancellation of communications transmission

Communications provider must have a secure recall facility.

X.(1) A Communications provider by virtue of this section shall be required in law, to provide :-

(i) A secure facility for the recall or cancellation of communications posted to a non-transient public venue; and

(ii) An appropriate physical world or human contact to which recall notifications may additionally be sent.

Recall by content originating entity

X.-(1) A request to recall a communication, shall in law be valid if it includes:-

(i) The legal name and active address of the person recalling the content. (ii) Sufficient detail to enable identification of the communication. (iii) An explanation of their connection to the communication concerned. (iv) A statement of the following wording:

"I accept that under threat of perjury, civil liability or criminal prosecution that I am the originator of the content identified, and wish to request it's removal."

(2) It shall not be required to demonstrate a justification for the removal of the content post concerned, provided that such a request is not of itself fradulent or unlawful.

(3) It shall not be required to demonstrate that the communication is from a currently held account, unless a reasonable doubt shall be demonstrated by the communications provider that the requester is not the originator of the communication concerned.

X.(1) Should a valid request for the recall of a communication be received by a communications provider, the communications provider shall in law be required to within 28 days:-

(a) Ensure that the communication is removed in entirely from its own systems, equipment and indexes in so far as it may exist.

(2) Failure to carry out the required action in 1 (a) shall be constitute an offence, unless granted an exemption by the Home Secretary.

"False claims by individuals"

X.(1) It shall be an offence to make a recall request for content, where the communication was not made by the entity filing the recall request unless:-

(a) The requester shall be an authorised employee, making the request on behalf of an identifiable organization from which the communication can reasonably be considered to have originated, by a former or current employee in connection with their employment by the specfic employer concerned.

(b) The requester is a parent, carer, or guardian (appointed by the Court of Protection) for the time being acting on behalf of a child or protected vulnerable person.

(c) The requester is the executor of a deceased individual's estate, acting on behalf of that estate.

(d) The requester shall be a duly qualified and certified legal representative of any party (a)-(c)

Recall or cancellation by Schedule 1 body

X.-(1) A request to recall a communication, by a "competent authority" or listed at Schedule 1 of the Regulation of Investigatory Powers Act (hereinafter Schedule 1 agency) shall in law be valid if it includes:-

(i) The legal name of the official acting for the agency, and the full address of the Schedule 1 agency recalling the content.

(ii) Sufficient detail to enable identification of a specific communication, or group of communications.

(iii) A concise explanation as to why in law the content should be recalled.

(iv) A statement of the following wording: "We (name of agency) being a body designated under Schedule 1 of the 2000 Act, under threat of perjury, civil liability or criminal prosecution confirm that we are the said agency, and request removal of the content we have specifically identified, for the reasoning and position in law herein stated:."

(2) Upon receiving a valid and verified request for recall or cancellation, from a Schedule 1 agency, a communications provider shall be required to:-

(a)-(i)Within 28 days, ensure that the identified communication transmissions are removed in entirely from its own systems, equipment and indexes (excepting retention of non-public evidential copies).

(b) Publish in a prominent location a link to the valid and verified notification from the schedule 1 agency, which must be accessible to a competent user of the communications providers service.

(c) Notify any originating communications provider, as to the request received from the Schedule 1 agency.

(3) It shall be an offence to refuse a valid and verified request for recall or cancellation made by a Schedule 1 agency, or to fail to complete the required process under subsection 2

Impersonation of "competent authority"

(4) It shall be an offence to impersonate a "competent authority", or any representative thereof for the purposes of making any false or malicious request under this part.

Clarifications of Schedule 1 Agency request

X-(1) Where a communications provider shall dispute a point of law or cannot from the information provided reasonably identify the communication or communications to which a valid and verified request relates, then the communications provider, shall by virtue of this section be in law allowed to request clarification or review of the request from the relevant Schedule 1 Agency:

(2) The outcomes of such a clarification request shall be that:-

(a) A request is rescinded, and the communications provider is no longer obliged in law to carry out the process of Subsection X.(2) in respect of the request.

(b) That the request is reinstated with clarifications, the communication provider being obliged in law to carry out the steps of Subsection X.(2) in respect of the clarified request, as though it had been issued in conjunction with the original request.

(c) That the request is still unclear, in which the case the communications provider may lawfully continue to ask for further clarifications.

(3) It shall be an offence, for a communications provider to negligently or maliciously, make requests for clarification, if in the opinion of a competent legal representative the information required was already present in the original.

(4) A Schedule 1 agency shall not be required in law to compensate a communications provider for actions, the stated communications provider took in good faith of it's own volition.

Part V - Digital Assets and account held by deceased individuals

X-(1) Where an electronic communications provider shall become aware of the death of an individual account holder where the stated notification shall be made by:— (a) A duly constituted court, tribunal, or other designated agency. (b) The coroner duly appointed for a given district, region or area. (c) A Schedule 1 agency (d) The executor of the deceased individual's estate. (e) A duly appointed representative pursuant to section (2).

and a duly certified copy of the relevant death certificate shall be provided, then the communications not less than 14 day after notification shall carry out the procedure under section 2 of this paragraph.

(2) Should no executors be appointed, or the individual(s) died inestate, with no locatable heirs then a duly constituted court or tribunal shall have the power to appoint a suitable representative to act in such matters with respect to Part V and VI as would be required or expected of an executor of the said deceased estate.

(2) After due notification under section (1), the communications provider shall :— (a) Suspend and close any relevant account(s) to new content, and lock the account details from being modified. (b) Provide the "executors" or duly appointed representative of the relevant estate with:– (i) a listing of digital assets or accounts held by the deceased with respect to that communications provider.;and (ii) a secure mechanism for the stated executor or representative to retrieve and or re-license any assets listed at (i) (c) 1 year after receiving due notification, so far as is practical and reasonable, any remaining digital assets held shall be removed.

(3) Notwithstanding, the procedure in (2)(c), a communications provider shall be entitled to retain assets contributed by a deceased individual where :- (a) such assets were contributed by the deceased under terms of the communications provider, consented to in advance. (b) The deceased had in advance, indicated by appropriate means or confirmation that retention of stated assets was a direct intention. (c) Where the deceased shall have made explicit advance provision in regard to digital assets held, in appropriate manner. (d) A request for retention has been made by a duly appointed court tribunal, or Schedule 1 Agency.

Part VI - Assests or account held by dissolved entites

X-(1) Where an electronic communications provider shall become aware of the dissolution of a legal entity holding an account or assets, where the notification shall be made by:- (a) A duly constituted court, tribunal, or other designated agency. (b) A Schedule 1 agency (c) The Chairman, Secretary or Directors (within the meaning of the Companies Acts); or Trustees (with the meaning of the Charities Acts) of the entity.

then the communications provider shall be required to treat such notification in the same manner and form as though those accounts or assets were held by a deceased person in Part V, the responsible party concerned for the relevant notification, being a properly appointed (or delegated) legal representative for the dissolved entity.

Part  ??? - Limitation on account terminations for User Conduct on Electronic Communications services

X. Where the provider of a communications platform or service shall deem it necessary to suspend or terminate the account of a user, customer or subscriber (hereafter subscriber) for misconduct:

(1) A communications provider shall in law be required to provide a detailed written explanation for the suspension or termination to the subscriber; and (2) May not

   (a) impose undue burden on the said subscriber, in determining the nature of the conduct which resulted in the termination or 
   (b) prevent said subscriber from making a "reasonable and proportionate" effort to recover their own assets held by the communications provider, in so far as 
     (i) The assets are in the ownership of the subscriber.
     (ii) The assets are not of themselves "proportionally" in breach of any applicable regulation or law, or in controventation of this Act.
  (c) prevent the subscriber from re-applying to use the communications platform or service, provided that a period of not more than the greater of 
    (i) 10 years, or 
    (ii) the equivalent sentence in law, if the misconduct shall have constituted or involved a specific criminal offence, for which the user, customer, or subscriber, has an unspent conviction.

(3) Any contract clause in conflict with the above stated provision shall by this provision ruled to be null and void.

Part ???? - Miscellaneous Provisions

Exemptions from Act

10.-(1) No offence shall be committed in relation to the offences mentioned in this Act where the communication shall originate with any communications provider to whom the Home Secretary, has issued a specific consent or exemption.

(2) Where an exemption is claimed to be granted, under this section shall be claimed, the burden of proof shall be on the communications provider concerned, and such exemption must be formally presented as evidence in any defence to any offence under this Act.

Location of provider or equipment, or providers disclaimers irrelevant

X.-(1) In respect of Parts I-IV, it shall in law or any defence be irrelevant that :- (a) the provider is not operationally located within the United Kingdom. (b) the providers equipment is not physically located within the United Kingdom (c) the providers terms of service shall disclaim any liability for the content or communications it presents, (Such terms being null and void) (d) the providers terms of service shall disclaim any intention to provide service to entities within the United Kingdom,

in so far as the service does not make active attempts to prevent the use of any such service for the purposes of presenting or delivering a communications transmisson to a entity or communications provider who is subject to the Jurisdiction of the courts of the United Kingdom.

(2) For the purposes of Parts I-II any disclaimer, disclaiming responsibility for any communications that would give rise to liability for an offence under this act made with respect to the service provided by a communications provider, shall have no standing in law, contract or other agreement.

Penalties for offences under Part I-IV of this Act. X. ?

Definition of communications provider.

X.-(1) Communications provider shall include any provider of electronic communication services including :- (i.) Any telegraphic message service, telex, or viewdata service. (ii.) An internet service provider. (iii.) The operator of an electronic-mail or newsgroup service or web based gateway to the same. (iv.) The operator of any electronic mail-forwarding service, mail gateway, mail-to-news gateway, or digest compilation service. (v.) The operator of any bulletin board system or web forum (vi.) Any organization or individual providing communications services not previously defined to persons to whom UK jurisdiction is applicable, that the relevant Secretary of State may by virtue of Order or Regulations extend the application of this Act, to that organization or individual specifically and only to that organization or individual specifically.

Short title X. The entirity of the foregoing provisions may be cited as the  ??? Act ??? Commencement ' X. The Foregoing provisions shall come into force, per Schedule 2(?).

Schedules:

Schedule 1 - "Competent Authorities" for the purposes of this act

1.-(1) An agency or body listed under Schedule I of the Regulation of Investigatory Powers Act 2000 (as amended.)

(2) (a) A representative of recognised domestic law-enforcement agency not in the Schedule at sub-section (1), but which nonetheless shall be registered with, and operating under the authority and consent of the Home Secretary for the time being. (b) A representative of a non-domestic law enforcement agency not in the Schedule at Sub-section (1), but which for the purposes of an ongoing investigation shall be operating in the United Kingdom, with the specific authorisation of the Home Secretary, and under the supervision of a domestic agency as at 1.1 or 1.2a

2.-(1) Any Judge, Magistrate or duly sworn person holding judicial office acting with respect to their duties in an official capacity.

(2) Any Prison Governor or serving officer of HM Prison Service, or the Probation Service acting in an official capacity in so far as any relevant communication;

(a) shall relate to a person held under their custody, or (b) shall with reasonable suspicion to have originated with a person in their custody. (c) shall relate to an employee of of HM Prison Service under the supervision of the said Governor or officer.

X.- (1) Any serving officer (O) of Her Majesty's armed forces, in so far as any relevant communication shall:- (a) relate to matters for which the officer so serving shall have direct or operational responsibility within the chain of command. (b) Shall relate to service personnel, for whom the said officer, over whom the said officer shall have command.

X. Any Doctor or Psychiatrist in so far as any relevant communication shall:- (a) relate to a patient involuntarily detained under their care, with respect to the Mental Health Acts (as amended), or referred for examination under the involuntary provisions of the same mentioned Acts; or (b) have originated with a person who in the privileged opinion of 2 suitably qualified and independent doctors or psychiatrists, is suffering from a serious mental health condition (within the meaning ascribed by the Mental Health Acts.)

X. Any practising barrister, lawyer, solicitor (or advocate in Scotland) in so for as any relevant communication shall relate directly to the material facts. witness or party in respect of any case, tribunal, inquiry, hearing or matter which the aforementioned representative shall be providing legal counsel or representation.

X. An employee or volunteer E, whose employment or activity in a role, being subject to a enhanced disclosure in respect of said active employment or role, involves regular contact with children or protected vulnerable persons in so far as any relevant communication shall:- (a) Relate to a child (C) or protected vulnerable person (P) under their direct care or supervision; or, (b) be of such nature or character that reasonable suspicion of safeguarding concern may have, or deemed to have arisen.

X. An Employee (F), of a communications provider, whom being subject to an enhanced disclosure, in respect of their active employment by the stated communications provider, shall be either (i) a dedicated contact (D) to whom concerns about communications transmissions from the communications provider may be addressed; or (ii) directly concerned with the removal of communications transmissions, as required by law.

Schedule 2: Amendments ? Schedule 2: Repeals. ?

Notes —

The guidance on minimum response could be of the form something like:- "Minimum information response."

electronic-mail

The IP address of the internet connected equipment from which the e-mail originated, and if held the full headers of the e-mail as held.,If held the name and address details which the relevant subscriber supplied.

newsgroup posting

The origin IP address of the internet connected equipment responsible for the posting concerned, and if held the full headers of the posting concerned. If held the name and address details which the relevant subscriber supplied.

web forum

The origin IP address of the internet connected equipment responsible for the posting concerned. If held the name and address details which the relevant subscriber supplied.

social media

The origin IP address of the internet connected equipment responsible for the posting concerned. If held the name and address details which the relevant subscriber supplied."

which could be posted in an appropriate location on the gov.uk site.

See also

• Law reform