New Watchdog Chief Bares His Teeth

So, farewell then Richard Thomas. The outgoing Information Commissioner handed over the baton to Christopher Graham last June, and the new head of the ICO has wasted little time in getting stuck into parliament, the courts and newspapers for failing to stop the flourishing trade in illegally obtained personal and confidential information.

The former DG of the Advertising Standards Authority was giving evidence to the Commons media select committee investigating phone-hacking and other unscrupulous press activity. This issue came to a head a couple of years ago with the revelations that the News of the Screw's was tapping Prince William and Harry's mobiles; the fact that it's taken until now to establish an investigation speaks volumes about the procrastination of our pusilanimous parliament.

While it comes as no surprise that tabloid journalists resort to questionable - even illegal - activities in their work,what beggars belief is the complete absence of deterrent in the form of proper punishment. Graham raised this in his evidence to the committee, criticising the goverment for failing to introduce jail terms for hackers and other willful violators of the Data Protection Act, and claimed that custodial sentences could end the practice "at a stroke".

It's worth noting that Clive Goodman, the Screws' former royal editor, did in fact do four months' bird for hacking the Princes' phones, but Graham pointed out that the NotW case was merely part of a much bigger malaise. Graham said that the ICO had tried to sound the alarm about the scale of the problem as far back as 2006, when it published a report showing that 305 reporters were using private investigators. Unfortunately, said Graham, "...we were let down by the courts, who didn't seem to be interested in levying even the pathetic fines they had at their disposal; we were rather let down by parliament in the end, with no legislation; and we were let down by the newspaper groups, which didn't take it seriously."

It's good to see such forthright common sense from the new Information Commissioner - it's a sign that the ICO is fast becoming a Watchdog with real bite. Graham has made a great start, and we will be following his progress with interest.

A load of nonce-sense

If the first law of marketing is that sex sells, the first rule of tabloid journalism is that paedos shift papers.

Things may have quietened down a bit since the 2000 moral panic, when the News of the World whipped up a hysterical mob of mouth-breathing simpletons into an orgy of vigilante violence, but tabloid editors still know that their barely-literate readers love a good “hate” almost as much as a new Lizzy Duke sovereign ring.

So it’s no surprise to see yet another paedo story in today’s Sun, with the baffling headline: “Internet pervert charges rap”. In a nutshell, the story concerns comments made by the chief executive of the Child Exploitation and Online Protection (CEOP) Centre which "slammed" (criticised) Internet Services Providers (ISPs) for charging child abuse investigators to access their data.

The way that the Sun spins it, cynical ISPs are making an easy profit from the authorities hunting down Britain's biggest nonces. Naturally, the Sun is sympathetic to CEOP’s chief executive, Jim Gamble, who believes that ISPs should waive these charges in the public interest.

Balance has never been the Sun’s strongest suit. If it were, they would have pointed out that under the Regulation of Investigatory Powers Act (RIPA) ISPs are entitled to charge the police for reasonable costs for data retrieval and that in the last four years, the Government has paid ISPs and telcos £19m for its agencies’ growing demands for access to communications data. This information was obviously deemed by the Sun to be of no interest to its audience, even to its more intellectual readers who don’t need to use their index fingers to read a newspaper.

Interestingly, CEOP’s share of this £19m amounts to around £170,000 – less than one per cent of the total paid to ISPs. With CEOP having made just shy of 10,000 requests, the average cost of each request works out at less than £18.

Why, then, is the Sun focused purely on paedophile investigators, when all regular police forces and government agencies are charged, fairly and under UK law, for using ISPs’ time and resources?

As Malcolm Hutty, policy chief at the London Internet Exchange (Linx) points out, "Regular police forces investigate extremely serious crimes using communications data, including murder, rape and kidnapping, and they believe they are better served by cost recovery. We don't believe that the situation becomes different for child abuse cases merely because they are investigated by a specialist national unit."

But here we come to the second law of tabloid journalism: never let the facts get in the way of a good story.