Is porn scanning interception?

[Ken Brown]

Logging on as root is not jumping though a hoop if you are the system
administrator. It is as normal as taking a book off the shelf in your
office. Most of us do it many times a day.  Even though we tell everyone
else that it is bad practice.

Ken

Charles Lindsey wrote:
> 
>         On Fri, 26 Jul 2002 18:30:20 +0100
>         "Owen Lewis" <oml@sysrx.uk.com> said...
> 
> > > So what? F is not an intercept under RIPA unless and until it becomes
> > > "available to a person".
> >
> > De facto, it is' available to a person' the moment it is copied. It is the
> > making of the copy that is the interception. Whether some person chooses to
> > be made aware of its content in real time, after some delay or never is
> > immaterial. It interception was ordered and made and intercepts were
> > obtained.
> 
> No, it is only available to a person if that person could (were he so
> minded) gain access to it through the normal operation of the system.
> If he has to pass through extra hoops, such as logging on as root, or
> getting the agreement of the recipient, then it is not (yet) available
> to him. If he then causes some further "interference" with (the normal
> operation of) the system (such as poking around, as root, in a manner
> not normally envisaged) then that is the moment at which interception
> may be said to have taken place.
> >
> >
> > > It would he hard to argue, before a Court, that F is "available to a
> > > person" if the person in question is not aware of its existence (and
> > > especially so if there is no mechanism by which he could normally become
> > > so).
> >
> > Not in the least difficult.
> >
> > P ordered/made the interception. He has the presumption that it is effective
> > unless he were to learn at some later time that it had failed. I.e. F was
> > never created.
> 
> Knowing that the data is there (in the quarantine box) is not the
> same as having it available to you, unless the usage established by
> the system designers explicitly gave you the possibility to access it
> without further ado.