Here we go again - ISP DPI, but is it interception?
zenadsl6186 at zen.co.uk
Thu Jul 29 16:29:45 BST 2010
Charles Lindsey wrote:
> On Wed, 28 Jul 2010 18:40:17 +0100, Peter Fairbrother
> <zenadsl6186 at zen.co.uk> wrote:
>> “telecommunications service” means any service that consists in the
>> provision of access to, and of facilities for making use of, any
>> telecommunication system (whether or not one provided by the person
>> providing the service); and
>> “telecommunication system” means any system (including the apparatus
>> comprised in it) which exists (whether wholly or partly in the United
>> Kingdom or elsewhere) for the purpose of facilitating the transmission
>> of communications by any means involving the use of electrical or
>> electro-magnetic energy.
>> Now I could go into detail about this, yet again, but I've done it
>> before - so I'll just say that I read that to mean they can only
>> intercept for purposes connected to their ability to pass messages.
> So the transmission of communications is not "facilitated" by filtering
> out the bogus ones?
I don't think TalkTalk will be filtering out bogus transmissions, even
if their system worked. A bit of malware is not a bogus communication -
the sender means to send it to the recipient.
>> TalkTalk's actions do not fall under 3(3) because they do not
>> facilitate the transmission of communications. If it didn't happen
>> then people would still be able to get web service as normal.
>> Email spam and virus filtering arguably does fall under 3(3), because
>> if it didn't happen then email would be unuseable.
> Exactly. But are you now arguing that it is perhaps legal to filter
> email, but it is not legal to filter web sites that purvey malware?
-- Peter Fairbrother
> --Charles H. Lindsey ---------At Home, doing my own thing------------------------
> Tel: +44 161 436 6131
> Web: http://www.cs.man.ac.uk/~chl
> Email: chl at clerew.man.ac.uk Snail: 5 Clerewood Ave, CHEADLE, SK8 3JU, U.K.
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