one-to-many messaging

[Peter Fairbrother]

Roland Perry wrote:
> In article <47F46020.4090701@zen.co.uk>, Peter Fairbrother 
> <zenadsl6186@zen.co.uk> writes
>> in an internet case the action of looking at the communication in 
>> order to decide whether to block it is almost certainly interception.
> 
> Even when only traffic data is examined (in order to decide which sites 
> to block)?

If what is looked at is only the subset of traffic data defined in 2(5), 
and the "comprised" interpretation of 2(5) holds, then it isn't 
interception. Otherwise it is.

If the "conduct" interpretation of 2(5) holds then it is interception.

But whichever interpretation of 2(5) holds, port numbers are not covered 
by 2(5) as they are not there for the purposes of the packet-passing 
service, so looking at port numbers is always interception.

Of course, as I said elsewhere, it may well be lawful interception.


-- Peter Fairbrother