BT lobbies for legal changes over online pornography filters

BT has privately asked the government to change the law on intercepting internet communications, fearing it may face prosecution as it introduces online pornography filters.

The UK’s main internet providers agreed in July to ask customers whether they wanted to block access to online pornography, after a campaign by David Cameron, the prime minister. However, BT executives told Oliver Letwin, Cabinet Office minister, in a meeting last week that the filters, which are due to come into operation this year, may breach data protection regulations.

The incident is the latest illustration of how legislation is being tested in the internet age, with consumers and businesses making more of their private information available online.

Under the Regulation of Investigatory Powers Act 2000, or Ripa, it is an offence to intercept internet communications without lawful authority.

While government agencies such as GCHQ can receive permission to carry out extensive surveillance programmes, internet service providers may not have such a basis for intercepting web-browsers’ requests to access certain pages.

“It comes down to, are you making the contents of the communication available to a third party?” said Mac Macmillan, a data protection specialist at law firm Hogan Lovells. “That could be the source of the concern.”

One of BT’s highest-profile scrapes with Ripa came in 2008, when the company admitted that it had stored cookies on 18,000 users’ computers to gather information on their browsing habits. The company apologised for the practice and the Crown Prosecution Service found insufficient evidence to prosecute.

BT said during the company’s talks with Mr Letwin, “the issue of filters came up and we expressed a view that greater legal clarity would be welcome, given external legal advice we have received.

“We have made this point several times during the past year as it is important that any plans are practical and not unintentionally derailed.”

Gavin Patterson, who will become BT chief executive when Ian Livingston leaves for a post as trade minister next month, attended the meeting with Mr Letwin. Mr Livingston was not present. The Home Office did not respond to a request for comment.

The debate over children’s access to online pornography, stoked by coverage in tabloid newspapers, has caused friction between internet providers and the government.

BT and others do not object to the filters in principle but have expressed reservations about how they will be implemented.

Some observers say that pornography filtering will lead to legitimate sites being blocked. Others have said the process could conflict with freedom of expression.

“If I were in [BT’s] position, I would be less concerned about Ripa than about other rights,” said Ms Macmillan of Hogan Lovells.