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BTA as Industrial Espionage
P. John made this Freedom of Information request to Office of Communications
The request was partially successful.
From: P. John
22 January 2011
Dear Office of Communications,
I read with interest documents disclosed to Gus Hosein concerning
the privacy issues arising from the ongoing Phorm affair.
Nowhere in that material could I see a discussion of the industrial
espionage and intellectual property concerns that also arise when
confidential communication traffic is used for commercial
intelligence gathering.
Rather than resort to elegant sophistry to write a FoI request
designed to force disclosure of something embarrassing, please
could I ask simply...
What part of "BTA using the content of communication traffic is
industrial espionage (and therefore a threat to the whole UK
economy)" does Ed Richards fail to comprehend?
What assessment (if any) have Ofcom made of the industrial
espionage/intellectual property threat posed by allowing
unauthorised surveillance of commercial communications by ISPs?
Yours faithfully,
PJ
From: Julia Fraser
Office of Communications
7 February 2011
Dear Mr John,
Freedom of Information: Right to know request 1-165812765
Thank you for your request for information:
I read with interest documents disclosed to Gus Hosein concerning
the privacy issues arising from the ongoing Phorm affair.
Nowhere in that material could I see a discussion of the industrial
espionage and intellectual property concerns that also arise when
confidential communication traffic is used for commercial
intelligence gathering
Rather than resort to elegant sophistry to write a FoI request
designed to force disclosure of something embarrassing, please
could I ask simply...
What part of "BTA using the content of communication traffic is
industrial espionage (and therefore a threat to the whole UK
economy)" does Ed Richards fail to comprehend?
What assessment (if any) have Ofcom made of the industrial
espionage/intellectual property threat posed by allowing
unauthorised surveillance of commercial communications by ISPs?
This was received on 24 January 2010.
I am writing to advise you that the information you requested is not held
by Ofcom.
Ofcom has no remit to consider or investigate industrial espionage; this
is a matter for other organizations. We have done no assessment of
industrial espionage or the unauthorized surveillance of commercial
communications by ISPs. Further, we have not considered Phorm in the
context of a threat to intellectual property.
If you have any further queries, please let me know. Please quote the
reference number above in any future correspondence.
Yours sincerely
:: Julia Fraser
Head of Knowledge Centre
020 7981 3751 T
020 7981 3406 F
[1][email address]
:: Ofcom
Riverside House
2a Southwark Bridge Road
London SE1 9HA
020 7981 3000
[2]www.ofcom.org.uk
If you are unhappy with the response or level of service you have received
in relation to your request from Ofcom, you may ask for an internal
review. If you ask us for an internal review of our decision, it will be
treated as a formal complaint and will be subject to an independent review
within Ofcom. We will acknowledge the complaint and inform you of the
date by which you might expect to be told the outcome.
The following outcomes are possible:
o the original decision is upheld; or
o the original decision is reversed or modified.
Timing
If you wish to exercise your right to an internal review you should
contact us within two months of the date of this letter. There is no
statutory deadline for undertaking internal reviews and it will depend
upon the complexity of the case. However, we aim to conclude all such
reviews within 20 working days, and up to 40 working days in exception
cases. We will keep you informed of the progress of any such review. If
you wish to request an internal review, you should contact:
Graham Howell
The Secretary to the Corporation
Ofcom
Riverside House
2a Southwark Bridge Road
London SE1 9HA
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
show quoted sections
From: P. John
7 February 2011
Dear Julia Fraser,
thank you for your reply.
I'm surprised to learn Ofcom is unable to
consider or investigate industrial espionage. I'm also a little
disappointed to learn that you made no assessment of industrial
espionage or the unauthorized surveillance of commercial
communications by ISPs.
"We make sure that people in the UK get the best from their
communications services and are protected from scams and sharp
practices, while ensuring that competition can thrive.. Accountable
to Parliament, we are involved in advising and setting some of the
more technical aspects of regulation, implementing and enforcing
the law".
Perhaps you could elaborate for me then; if Ofcom are not
responsible for ensuring that the UK is protected from scams and
sharp practice (such as industrial espionage and unauthorised
communications surveillance)... who do you suppose is responsible
for making that assessment?
I've tried telling the police. They say communications surveillance
is 'not a police priority' and 'someone higher up' has told them
not to investigate. I've tried telling the ICO. They obviously
don't want to touch it with a bargepole; claiming RIPA is not their
responsibility (and ignoring the DPA/PECR). My MP won't ask
questions about it in Parliament, because he tells me it is
'complex'. The CPS have been considering a private prosecution for
almost 1000 days in a state of complete omertà. The UK Intellectual
Property Office claim to have no enforcement powers. My local
Trading Standards are more concerned about the sales of 'Noddy Goes
to Toyland' bootleg DVDs at car bootsales, than issues of national
security. And British Security Services counter intelligence staff
appear to be on a long term sick leave.
So, any help gratefully received.
Yours sincerely,
P. John
From: Information Requests
Office of Communications
8 February 2011
Dear Mr John
Thank you for your email.
Ofcom is only able to act within its remit as set out by our statutory framework. You may find it useful to read the ‘What is Ofcom?’ section on our website, available here:
http://www.ofcom.org.uk/about/what-is-of...
With regard to who is responsible for combating industrial espionage, you may find it useful to contact the Home Office:
http://www.homeoffice.gov.uk/contact-us?...
Kind regards
Richard Neudegg
Information Requests
show quoted sections
From: P. John
9 February 2011
Dear Mr Neudegg,
>you may find it useful to contact the Home Office:
Thank you for the suggestion. Coincidentally, I have been in touch
with the Home Office.
You'd be forgiven for thinking the HO would be alert to a bunch of
Russian/Turkish/American/Greek spyware criminals intending to
engage in nationwide industrial espionage and covert mass
communication surveillance (not to mention fraud, and computer
misuse)... particularly during a period of critical/severe security
alert... and two concurrent wars... but apparently not?
Sadly Home Office don't like answering questions about the topic.
Not so surprising, really. I'd be ashamed and embarrassed if I'd
been caught colluding with a bunch of foreign organised
criminals... which is partly why I'm rather confused by Ofcom's
indifference.
But thank you for your suggestion.
Yours sincerely,
P. John
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