URLs, IPs and interception

Tom Thomson ukcrypto at chiark.greenend.org.uk
Sun, 2 Mar 2008 13:00:38 -0000


Sgriobh Roland Perry [lists@internetpolicyagency.com]:-

> But the definition above says that interception does not include
traffic
> data.

Traffic data is not interception - agreed.  Content is not interception
either.  Interception is not any sort of data.  Interception is a sort
of conduct.

You appear to interpret S.2 (5) (a) as excluding all conduct relating to
traffic data from being interception.  That's amazing, the words are
very plain and simple English, and make it absolutely clear that only
particular conduct relating to traffic data is to be excluded, not all
conduct relating to traffic data:-

(a) any conduct that takes place in relation only to so much of the
communication as consists in any 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

So conduct which collects traffic data for a purpose other than the
purpose of the postal service or telecommunications service by which the
communication containing it is being transmitted is still interception -
it is not excluded.  The purposes of a telecommunication system are
defined elsewhere in the act as being the delibvery of the communication
to the intended recipient.

M.