Is virus scanning interception?

David_Biggins@usermgmt.com David_Biggins at usermgmt.com
Tue, 16 Jul 2002 13:08:10 +0100


Peter Fairbrother wrote:

> If it's done by a public telecommunications system it is 
> interception, it's
> making content available to the person who runs the software. 
> He is the
> third party involved.

No more so than the POP3 storage does.   

> It's not interception then, because you, as the intended recipient or
> sender, are not making it available to a person other than 
> the intended
> recipient or sender, and neither is the machine acting on 
> your behalf - the
> machine itself is not a person, and the person on whose behalf it is
> scanning is you, who aren't a person other than the etc etc...

Which is the point I'm making.  If the AV software merely removes viral
content and forwards the email with a statement of what has been done,
it has NOT been made available to a third party, IF it is performing
this action contractually on your behalf - it is NO different from
running the same service on your own PC.

## dave ##