one-to-many messaging

[Roland Perry]

In article <00d601c89faf$d0b51280$e57ea8c0@Jinja>, James Firth 
<james2@jfirth.net> writes
>> I think the child protection people have been fairly quiet about
>> detecting content "on the fly" using various 'fingerprinting'
>> techniques. So music copyright (a long term activist sector) may well be
>> the first real one to step up.
>
>But will it be covered by RIPA, if laws are enacted obliging ISPs to detect
>certain crime, isn't this excluded then under 3(3)(b) "or with the
>enforcement, in relation to that service, of any enactment relating to the
>use of postal services or telecommunications services."

Yes, and that was the get-out used in the NTL Ipswich case, although it 
raised eyebrows for other reasons (the "any enactment" involved has been 
argued not to apply in the particular circumstances).

>But then what about general monitoring obligations being prevented by
>Directive on Electronic Commerce (2000/31/EC) Article 15.

That's perhaps the Elephant in the Room for those music-monitoring 
proposals, and has also been mentioned in relation to Phorm.
-- 
Roland Perry