Mastering the Internet

[Peter Fairbrother]

Roland Perry wrote:
> In article <4A3A26969DB248F69285F9CFA21BFFDC@london.neos.tv>, Tom 
> Thomson <cmt@btinternet.com> writes
>> Maybe I'm crazy, but I think that if someone delivers a bottle of beer 
>> into
>> my drawing room he has made the beer available to me - whether I have 
>> opened
>> the bottle or not.  I don't understand what sort of convoluted logic you
>> have used to reach a different conclusion.  Apparently you want to say 
>> that
>> when he puts the bottle on the table he hasn't yet made the beer 
>> available
>> to me, but some time later, when I open the bottle, he has by magic 
>> (or some
>> other means) and without any further action on his part made the beer
>> available.
> 
> It's not a valid analogy. What the law says [I claim] is equivalent (in 
> ordinary English) to "I'm delivering content to you" plus a side order 
> of "or you are free to come and inspect/collect it".
> 
> What doesn't include is the situation: "I have a collection/inspection 
> system in place, but you are currently unable to use it". Because, other
> considerations apart, that's exactly what an intercept-ready system is; 
> and they aren't illegal. 

ISPs installing the required bits to make a system intercept-ready is 
actually interception under 2(2)(a), "modifies", even if it's not 
switched on - but it isn't illegal because of the SI and perhaps some 
other enactments, and s.3(3)(b).

Only using them, unauthorised, is illegal.

Using it to send content is a second interception under 2(2)(a), 
"modifies". and is only legal if there is a warrant for that content.

Sending any other content - even if goes to a box which is switched off, 
as long as the switch is in someone else's control - is illegal 
interception by the ISP, again under 2(2)(a), as it makes content 
available to the someone else who controls the switch.


If GCHQ or whoever switch the box on on without a warrant, they are 
arguably [*] intercepting under 2(2)(a), and unless there is a warrant 
it is also illegal under 2(2)(b) "monitors".

[*] it depends whether the box is considered part of the telecomms 
system or not.

-- Peter Fairbrother