Re: Called it :)
If the legislation is unlawful does that mean prosecutions made under it are now also unlawful and subject to appeal, or maybe even automatic overturn?
There weren't any prosecutions AFAIK, so this is moot - this relates to what the ISPs etc had to do to retain the data, not what the police etc could do with it (which is covered by RIPA). There would only have been a prosecution if an ISP refused to comply with a retention notice.
Also, technically it's only section 1 of the law that has been disapplied - which is the bit dealing with data retention.
As for whether prosecutions could have been overturned, I'm not sure. The fact that the court is suspending their judgement until March 2014 - i.e. DRIPA s1 remains valid until then - in order for the government to fix things implies to me that there wouldn't have been grounds for an overturn. But then I'm absolutely not a lawyer, so I may well be talking out of my arse.
Biting the hand that feeds IT
