FW: RIPA PCLOB

[kjcahill]

For Ram Selva and Massimo from Kevin Cahill re PRISM


Each of the 9 PRISM companies has received the email below, as has No 10.
Not one of the nine companies has responded and No 10 has not answered a
single question I have asked. Instead, to protect the NSA the Downing St
Press Office has answered questions I did not ask. The Mashed story is both
confusing and legally off beam. PRISM is totally and wholly illegal in the
UK. It breaches 4 laws. RIPA, DPA, HRA and finally the OSA, the Official
Secrets Act. PRISM is targeted at foreigners, ie us, and its use in the US
is limited and immaterial. 


Kevin


For Yahoo  Press Office.


>From Kevin Cahill FBCS.CITP, Bureau Chief. Global & Western News Bureau


Topic. PRISM, RIPA, DPA, PCLOB 19th March 2014.


As you are aware Rajesh De, the legal counsel for the NSA told the PCLOB
board in public session on 19th March that PRISM was an official programme
of the American government. He described it as 'lawful' which may be so in
the US, but US law does not apply in the UK, as you also know.


To execute the PRISM order for data take and data interception in the UK
would require a warrant under RIPA. Warrants under RIPA are not available to
commercial companies or the US authorities. Please see the Interception of
Communication Commissioners statement to the Prime Minister, below. 


My questions are the following.


Did your company, which is named in the PRISM documents, supply or attempt
to supply the data requested (and the interceptions required) in the PRISM
orders? As you are aware the PRISM order only applied to foreigners and
those outside the territory of the United States. ie the UK and Europe ?


Has your company discussed this matter with any of the UK authorities
involved ? ICO ? ICC ? Met police (OSA)    


I would be very grateful if you don't answer my questions, that you would
make a statement that might give some assurance to your many UK clients and
customers and explain what happened and is happening. I understand from De's
comments that PRISM is ongoing.


 


PRISM. The companies


On the 6th and 7th June 2013 the Guardian published the key documents
relating to this programme. The memos identified 9 companies which had been
ordered to provide all their customer data to the NSA. These companies are
Apple, Microsoft (including Hotmail) Google, Facebook, Yahoo, Youtube, Pal
Talk AOL and Skype, all active in the UK. There may be others.  


Appendix 2 . The PRISM memoranda.


PRISM, the data ordered stolen.


Those companies were ordered to intercept the communications and obtain the
following data belonging to their clients and customers. Most of the
requests involved the interception of communications as well as data theft.


"E mail, chat, video and voice, videos, photos, stored data,VoIP, file
transfers, video conferencing, notification of target activity, logins etc,
Online social networking details, special requests."


The Report of the  Interception of Communication Commissioner The Rt. Hon.
Sir Anthony May PC,QC, to the Prime Minister on 8th April 2014. 


In his April 8th 2014 report, the Interception of Communications
Commissioner, the Rt Hon Sir Anthony May, PC,QC, made the following
statement.


"Section 1(1) of RIPA makes it an offence for a person intentionally and
without lawful authority to intercept at any place in the United Kingdom,
any communication in the course of transmission by means of a public postal
service or public telecommunications system. My statutory role concerns
interception within the United Kingdom.*


The remarks of Rajesh De, legal counsel for the NSA, to the PCLO Board on
19th March 2014. 


"PRISM is just an internal government term that as a result of the leaks has
become a public term. But collection under this programme is done pursuant
to compulsory legal process that any recipient company would have received"


He was asked by Mr Dempsey, a member of the board


"So they knew that their data is being obtained because ..


De replies


"They would have received legal process in order to assist the government.
Yes" 


In just three statements De confirms that PRISM is a real programme,
origination with the National Security Agency, and confirms that under the
orders issue by the FISA court, the companies are tasked with taking data
from their customers and clients abroad. The PRISM memos list what data is
to be obtained.


 


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