Podcast Location:
Download it here [file size: 32.7 MB]
Part of:
Law in a Digital Age CPD Training Bundle
Categories:
IT, Technology & Telecoms
Criminal Law
Information & Data Protection Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to give the listener an understanding of the role of Internet Service Providers and their cooperation with law enforcement agencies in the context of e-crime and the policing of cyberspace. It aims to explore the current regulatory framework and the obligations imposed on ISPs and law enforcement agencies. It will also consider the role and investigation of ISPs in civil investigations, how the source of an e-crime can be traced and disclosed, the interception and intercepting of communications in criminal investigations, whether ISPs can control access by implementing monitoring and filtering mechanisms. It will also discuss the obligations placed on ISPs by the Digital Economy Act 2010 to monitor and report online copyright infringing behaviour.

Outcomes:
After completing the course you will:
  • Be aware of the legal framework regulating service providers from an EU and domestic perspective;
  • Understand what the Regulation of Investigatory Powers Act 2000 has meant for ISPs;
  • Know how the source of an e-crime can be traced and how disclosure orders will be used in this context;
  • Be aware of the rules regarding the interception of communications;
  • Understand the obligations of an ISP in terms of intercept capability;
  • Understand the storage requirements for retained data Be aware of notice and take down regimes;
  • Understand how ISPs can control access by implementing monitoring and filtering mechanisms;
  • Understand the relevance of Article 15 of the E-Commerce Directive;
  • Know what obligations the Digital Economy Act 2010 will place on ISPs;
  • Be aware of the Human Rights considerations.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Legislative Updates
Practical Guide
Sources and References:
  • Collard [2004] EWCA Crim 1664;
  • Communications Act 2003;
  • Data Protection Act 1998;
  • Data Retention Directive (06/24/EC);
  • Digital Economy Act 2010;
  • E-Commerce Directive (00/31/EC);
  • E-Privacy Directive (02/58/EC);
  • Grant v Google [2006] All ER (D) 243 (May);
  • Mortimer [2010] EWCA Crim 1303;
  • Netlog v SABAM (C-360/10);
  • Norwich Pharmacal Co v Customs & Excise Commissioners [1974] AC 133;
  • Police and Criminal Evidence Act 1984;
  • Privacy & Electronic Communications (Directive 02/58/EC);
  • R(NTL Group Limited) v Ipswich Crown Court (2003) 1 Cr App R 14;
  • Regulation of Investigatory Powers Act 2000;
  • Terrorism Act 2006.
Tags:

In this podcast Dr Ian Walden, Head of the Institute of Computer and Communications Law in the Centre for Commercial Law Studies at Queen Mary University of London discusses the role of Internet Service Providers and their cooperation with law enforcement agencies in the context of e-crime and the policing of cyberspace.

Podcast added: 23/03/11

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