The first interception provision: Section 4 of the Official Secrets Act 1920

Scott, P. F. (2022) The first interception provision: Section 4 of the Official Secrets Act 1920. Journal of Legal History, 43(3), pp. 352-379. (doi: 10.1080/01440365.2022.2140487)

[img] Text
245652.pdf - Published Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.

2MB

Abstract

Section 4 of the Official Secrets Act 1920 contained the first explicit statutory power to intercept communications. This article surveys the process leading up to its enactment against the background of the law of interception as it existed prior to World War I. Before then interception had taken place on the basis of a series of exceptions to a general prohibition on interception of postal and later telegraphic communications, as well as via the landing licences granted to private operators. These dual legal strategies were usually predicated upon the existence of an ‘emergency’, with the war fulfilling that requirement. As the war came to end a new legal basis was sought for that interception which did not take place through the Post Office. This article details the process by which the need for power was identified and the power drafted, challenging accounts which portray it as a sudden response to events elsewhere.

Item Type:Articles
Additional Information:The research for this article was funded by a Research Activities Fund grant from the Society of Legal Scholars
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Scott, Mr Paul
Authors: Scott, P. F.
College/School:College of Social Sciences > School of Law
Journal Name:Journal of Legal History
Publisher:Taylor & Francis
ISSN:0144-0365
ISSN (Online):1744-0564
Published Online:02 November 2022
Copyright Holders:Copyright © 2022 The Author
First Published:First published in Journal of Legal History 43(3): 352-379
Publisher Policy:Reproduced under a Creative Commons License

University Staff: Request a correction | Enlighten Editors: Update this record