Are your emails being monitored by the government?

One in every 10,000 UK internet users could be under government surveillance from next month as the RIP (Regulation of Investigatory Powers) Act comes into effect.

The controversial law, passed in October 2000, requires ISPs and telcos to automatically monitor customer web and email use and to make that data freely available to the government and police.

The legislation covers all communication service providers (CPSs) - defined by the Act as organisations that offer public access to the internet, telephones and faxes.

The legislation, dubbed the Snooping Bill before it passed into law, requires all CPSs to install technology that can monitor the activities of at least one in every 10,000 customers.
CSPs will also be obliged to begin surveillance on customers within 24 hours of being told that police or government agencies want to monitor them.

The Act could come into effect on 1 August if MPs conclude a parliament debate tomorrow on the its code of practice and on the maintenance of interception capability.

However, if the debate drags on the Act is unlikely to be given the all-clear before parliament breaks for summer recess on 24 July.

Yaman Akdeniz, director of Cyber-Rights & Cyber-Liberties UK, said that the government has started to drag its feet now that the Bill has been passed.

"The government has not respected its own deadlines. It is late in developing the code of practice. Looking back, all the rushing to pass the legislation and rushing it through parliament looks like nonsense. They didn't take the time to think through the implementation."

And despite an imminent implementation date, many CSPs have not yet installed the surveillance technology and remain confused over exactly what data they should collect and how much money the government will give them towards costs.

The Internet Service Providers Association said there were still issues to be resolved, including how the RIP Act will work with other privacy legislation including the Data Protection Act and the Anti-Terrorism Crime and Security Act (ATCS).

"ISPA is still seeking clarification on how each of the laws will be reconciled to each other and outstanding issues such as fair cost recovery scheme for retaining and allowing access to data. ISPs will be in a difficult position if each law is not married with the other appropriately," the group said.

The government has committed £20m towards the cost of the new surveillance technology. The Home Office said a proportion of this has already been allocated.