Mastering the Internet
Ian Batten
ukcrypto at chiark.greenend.org.uk
Fri, 15 May 2009 14:55:45 +0100
>
> But unlike alcohol, it is also illegal simply to make content
> available, as stated in ss.2(2)(a).
But from a practical point of view, this is difficult, and the law
(contrary to the belief of engineers on t'Internet) tends to favour
practicality over hair-splitting.
Consider the case of the targeted, warranted interception of a single
named individual. This would most likely be done by taking a feed out
of a roughly adjacent switch, and supplying it unmediated to a Black
Box which extracts the content for which the warrant has been issued.
I doubt many of us would have a problem with that process, unless we
want to argue that no one should have their communications intercepted
ever.
But by your reading that's illegal: everyone whose traffic wasn't on
the warrant is being intercepted (and not just by `making available':
it's being fed into the box that does the targeting).
What's your alternative? That every ISP should have DPI-capable
inspection gear throughout its network, and be given the raw targeting
information? Fine: hands up all the ISPs which want to maintain a
full intercept capability plus the staff and processes to handle the
targeting list, which will be HMG SECRET at least.
ian