Is virus scanning interception - The final word??

[Roland Perry]

In message <B97469C7.22C2F%zenadsl6186@zen.co.uk>, Peter Fairbrother
<zenadsl6186@zen.co.uk> writes
>David Clancy (the chap at the OIC you spoke to) has taken advice, following
>which the opinion of the OIC is that automated virus scanning is
>interception, and there will not be any changes in relation to this area of
>the code.

I'm on holiday this week, but will take the matter up with them on my
return (as Charles has suggested).

>Don't get your knickers in a twist. The OIC (although by no means a
>definitive authority, or even particularly concerned in the matter) also
>apparently agrees with, or at least does not reject, my suggestion that
>virus scanning by ISP's is made lawful by section 3(3) of RIPA even when
>done in order to protect clients' machines.

You are correct that the OIC isn't interested in ISPs scanning viruses,
because their code *only* applies to actions of employers.

As such, I'm mainly interested in removing the [erroneous in any event]
reference to employers' automated virus scanning in order to prevent the
misguided from mentioning it as evidence that OIC have an opinion on
ISPs' automated virus scanning. Which they don't.
-- 
             Roland Perry | tel: +44 20 7645 3505 | roland@linx.org
Director of Public Policy | fax: +44 20 7645 3529 | http://www.linx.net
 London Internet Exchange | mbl: +44 7909 68 0005 |       /contact/roland