Roland Perry - "is an ISP a 'Person'?"

[Charles Lindsey]

	On Wed, 02 Oct 2002 22:41:48 +0100
	Peter Fairbrother <zenadsl6186@zen.co.uk> said...

> 
> Charles Lindsey wrote:
> 
> > Now, according to the interpretations that Peter Fairbrother is trying
> > to impose on us, you have just intercepted ALL the mail passing through
> > ISP X.
> 
> Yes. So what? 

OK, You have taken my bait.

Let us recall the scenario. I postulated that all the mail passing
through ISP X was filtered, and mail addressed to Joe Bloggs was
diverted to the left, and mail addressed to anyone else (such as John
Goodguy) was diverted to the right.

And you have just agreed that, under your interpretations, bot Joe
Blogg's mail and John Goodguy's mail has been intercepted.

Now to the "So what?" bit.

The interception of Joe Blogg's email was lawful, because the SOS had
issued a warrent authorizing it.

But the interception of John Goodguy's mail was unlawful, because the
SOS had issued no warrant in that case.

Q.E.D.

> 
> Charles Lindsey also wrote:
> 
> > No, but it would be reasonable to interpret the meaning of "making
> > available" as being "to enable the commumication to be 'seen' /
> > 'read' / 'heard' / 'felt' (as may be appropriate for the form of that
> > communication)". If it doesn't mean that, then what does it mean?
> 
> It just means made available. Not made available for every purpose, or for a
> suitable or particular purpose, but just made available, in any way at all.
> Which would include being made available to use in a scanner.

Since the whole thing hinges on the meaning of "made available", it
hardly makes sense to say that "made available" just means "made
available". But in the case of RIPA, it has to be made available "to
a person", which surely means that it must be put into a form which a
"person" (whether individual or corporate) can comprehend. Hence the
"'seen' / 'read' / 'heard' / 'felt'" in my suggested interpretation. If
the "interference" or "monitoring" carried out stops short of that, then
I do not see how "made available to a person" could apply.

Charles H. Lindsey ---------At Home, doing my own thing------------------------
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