This Monday (9 February 2009), Kent Police arrested a man in Sheffield under the Serious Crime Act 2007 in relation to the recent Indymedia server seizure. His home was raided, all computer equipment and related papers taken. He was released after eight hours. The person had neither technical, administrative nor editorial access to the Indymedia UK website. He was only associated to the project by hosting its server.
The arrest took place under Section 44-46 of the Serious Crime Act, which was passed into law on 1st October 2008 to combat serious international crime like drug trafficking, prostitution, money laundering and armed robbery. Sections 44-46 refer to “encouraging or assisting offences”.
Kent police claim that they are after the IP address of the poster of two anonymous comments to a report about a recent animal liberation court case, which included personal details of the Judge. The IP address of the poster is not stored as Indymedia does not log IP addresses. This was acknowledged by British Transport Police in 2005, after the Bristol IMC server seizure.
For the police to arrest the person who happened to sign the contract for server hosting, is sheer intimidation, in light of Indymedia's openly stated policy of no IP logging.
With the implementation of the EU Data Retention Directive in March 2009, the UK government attempts to turn every internet service provider in the country into part of the law enforcement apparatus. This legislation will provide a legal basis to track, intimidate, harass, and arrest people who are doing valuable and necessary work for social change, for example as peace activists, campaigners for economic and social justice or against police brutality.
The present intimidation of the open publishing alternative news platform Indymedia will have serious implications for anyone running a server in the UK which allows user contributions – blogs, social networking sites, wikis. This is an attempt to close down sites that respect the privacy of their contributors, pure and simple.
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Indymedia may be a publisher but they are definitely not "Communications Service Providers", within the meaning of RIPA or the Communications Act 2003 i.e. they are not regulated Telecommunications or Internet Service Provider companies.
Nobody can be forced by RIPA to log stuff or to retain logfiles for things which they have no need for, for business or technical administration reasons.
The EU Directive on mandatory Data Retention for internet logfiles does not come into force until April 6th this year. Neither it, nor the UK Regulations which will implement it contain any criminal or financial penalties for Communications Service providers if they refuse to, or are technically unable to, log IP addresses etc.
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