URLs, IPs and interception

[Peter Fairbrother]

Peter Fairbrother wrote:
> Roland Perry wrote:
>> In article <47C88EEE.9070806@zen.co.uk>, Peter Fairbrother 
>> <zenadsl6186@zen.co.uk> writes
>>
>>> S.2(5) says:
>>> " (5) References in this Act to the interception of a communication 
>>> in the course of its transmission by means of a postal service or 
>>> telecommunication system do not include references to—
>>
>> DO NOT include
>>
>>> (a) any conduct that takes place in relation only to so much of the 
>>> communication as consists in any traffic data
>>
>> TRAFFIC DATA
>>
>>> comprised in or attached to a communication (whether by the sender or 
>>> otherwise) for the purposes of any postal service or 
>>> telecommunication system by means of which it is being or may be 
>>> transmitted; or
> 
> Yes. If an ISP looks at traffic data for the purposes of the 
> telecommunication system then that's not interception.
> 
> But if an ISP looks at traffic data for any other reason, then it _is_ 
> interception. Traffic data is still content.
> 
> The purposes of a telecommunications system are to "facilitate the 
> transmission of communications".

RIPA doesn't say "looking at traffic data isn't interception", it says 
"looking at traffic data isn't interception if it's done to facilitate 
the transmission of communications".

If it's done for any other reason then we must assume it is 
interception. Otherwise they wouldn't have bothered to say that.

-- Peter Fairbrother