Mastering the Internet
Peter Fairbrother
ukcrypto at chiark.greenend.org.uk
Wed, 06 May 2009 20:46:05 +0100
Roland Perry wrote:
> In article <4A01BC2F.7000205@zen.co.uk>, Peter Fairbrother
> <zenadsl6186@zen.co.uk> writes
>> Look at it from GCHQ's pov - "I could get that traffic if I wanted to,
>> just by flicking that switch - that traffic is available to me".
>
> Only *after* flicking the switch - at which point the legality depends
> on whether they have a warrant or not.
The legality of GCHQ's behaviour, sure - but the legality of the ISPs
previous behaviour does not depend on GCHQ's subsequent behaviour.
The ISP has already made content available to GCHQ without a warrant.
The ISP has already broken the law.
-- Peter Fairbrother