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