one-to-many messaging

[Clive D. W. Feather]

-----BEGIN PGP SIGNED MESSAGE-----

In article <4803D435.50402@ernest.net>, Nicholas Bohm <nbohm@ernest.net> 
writes
>>  Delaying, throttling, or discarding traffic isn't interception *at 
>>all*,  since the content is not being made available to a third party.
[...]
>>  The debate, IIRC, was whether making filtered-out emails available 
>>to  ISP staff was making them available to a third party. If so, the 
>>"necessary for the service" defence makes it legal interception. If 
>>not,  then it's not interception at all.
>
>Everyone other than sender and intended recipient are third parties.

I'm not convinced that includes the ISP themselves.

>That's why spam and virus filtering based on email content are 
>interception, albeit lawful under RIP s3(3).

"a person intercepts a communication in the course of its transmission 
by means of a telecommunication system if, and only if, he
[does certain things]
as to make some or all of the contents of the communication available, 
while being transmitted, to a person other than the sender or intended 
recipient of the communication."

If I'm the one doing the certain things, does this wording include the 
case of making the contents available to myself? To me, the natural 
interpretation of the words would exclude myself, but I'm not going to 
swear that hasn't been case law (in respect of some other act) that has 
interpreted this wording one way or the other.

I believe there's two separate issues here. One relates to a 
hypothetical one-man ISP: if he looks at content as it goes through his 
network, is he intercepting within the meaning of the Act? As argued 
above, I think not. The second relates to a real ISP: is an ISP member 
of staff a separate person from the ISP itself? Again, I would have 
thought not.

On the other hand, 3(3) uses the words "by or on behalf of" while 2(2) 
doesn't. Does that make a difference?

- -- 
Clive D.W. Feather                       | Home: <clive@davros.org>
Tel: +44 20 8495 6138 (work)             | Web:  <http://www.davros.org>
Fax: +44 870 051 9937                    | Work: <clive@demon.net>
Please reply to the Reply-To address, which is:  <clive@davros.org>

-----BEGIN PGP SIGNATURE-----
Version: PGP SDK 3.0.2

iQEVAwUBSATavSNAHP3TFZrhAQHw8gf/RKJ1+P2ChdG71kcxee5roNPP+ccycoSB
3whfch+xpfAfl3angRpQ8Svs0gf1SaQVsLE/H6/EbXmXukHVWKZjesKShAjJGwIK
iOajH7paXYzcihrx1u2XyVzlKE6/IJU7RsyyHpjAIZo305JMUWDtGQ6teTngtFGp
3WTp2F7SHlIq803eeZUnq90fCtZwgG9C/xCkjCwuyVkh5FE8rB1aj0sTgpoKnpGz
qK6G7zx8vvwcAhAqPtc7bSA0t/TkhaLxAKUPZjYmGLwDXUnK7M/lOKPbPkNh96J3
mnyGVIJqIYwlL1FvnGgfZ6I6928nnuxdcETIb2qtHuhKrvQP0bOC3A==
=Tdhg
-----END PGP SIGNATURE-----