1. The biggest difficulty with the draft is that it states, and relies
on, an assumption which is false:
| INTERNET CONNECTION RECORDS
| What are they?
| 44. A kind of communications data, an ICR is a record of the internet
services a specific
| device has connected to, such as a website or instant messaging
application. It is captured
| by the company providing access to the internet. Where available, this
data may be
| acquired from CSPs by law enforcement and the security and
intelligence agencies.
As we know, under normal circumstances, the company that is providing
access to the Internet does NOT capture records of each website and
instant messaging application that devices connect to.
Hence the records are not available and the statement is pointless.
So this does not meet the government's objective.
Were the government to require that such records are created, there
would be costs involved.
UK citizens would be the bearers of that cost, whether funded by
government or not.
This would create some degree of cost disadvantage in the UK and
government would need to assess the balance of cost and benefit.
How much would investigatory agencies save if they had access to such
records?
The records might be effective in detecting those that use the Internet
casually during the perpetration of other crimes.
The records are likely to be ineffective against those carrying out
crimes exploiting the Internet because encryption and obfuscation would
certainly enable deliberate perpetrators to avoid detection.
2. Can we offer any positive suggestions?
In her evidence to Parliament the Home Secretary particularly emphasised
Name resolution. It would seem reasonable that the industry could
identify an incremental cost of recording and retaining a record of each
DNS query that it processes.
It would then be for the Investigating Agencies to show that the ICRs
made available from this actually helped sufficiently to justify the
cost.
They would also need to consider that the mechanism is easily evaded by
those using resolvers outside of scope of this legislation.
Steve Nash
------ Original Message ------
From: "Paul Mansfield" <paul+uk...@mansfield.co.uk>
To: "uknof@lists.uknof.org.uk" <uknof@lists.uknof.org.uk>
Sent: 20/01/2016 11:24:58
Subject: [uknof] Fwd: internet connection record
Are we over-thinking it?
Can we not simply push the government into accepting that an "internet
connection record" is simply when the CPE gets a working connection to
the ISP, so for a domestic user it's when the PPP session comes up on
their modem/router, so the ISP just records the time it starts and
stops along with the IP addresses.
For a near permanent connection such as a businesses 100M fibre, it's
when customer's router is first turned on, until their service is
ceased at the end of the contract?
Ok, I'm probably being naive and optimistic.
