EU says URLS and Search Terms _are_ PECR data

Ian Mason ukcrypto at chiark.greenend.org.uk
Wed, 16 Apr 2008 23:56:28 +0100


On 16 Apr 2008, at 14:21, Caspar Bowden wrote:
> Hmmm. I suppose one might argue that in an ISP system which has  
> been Phormed, that the processing of the URLs and search terms etc.  
> has become necessary for the purpose of the conveyance of the  
> communication, because that is the way the ISP has contrived to  
> gimcrack their system. But that seems to torture the meaning of  
> "purpose".

No, the 'phorming' is *incidental* to the transmission. A test of  
necessity would be "does the transmission occur without the item in  
question?". Well, obviously it does because the existing systems, pre- 
phorming, successfully transmit information.