Consultation on change to RIP interception definition ("unintentional interception")

Roland Perry lists at internetpolicyagency.com
Wed Nov 17 15:24:40 GMT 2010


In article <FA34FF4BE43B854BAC2F5F2C32239E2F01466D at EXC001>, Andrew 
Cormack <Andrew.Cormack at ja.net> writes
>The Act defines
>"A person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if, he-
>(a)so modifies or interferes with the system, or its operation,
>(b)so monitors transmissions made by means of the system, or
>(c)so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,
>as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended
>recipient of the communication."
>
>Presumably an "intentional" interception is one where I make the modification or do the monitoring deliberately? So is an unintentional
>interception one where I do it by mistake

There was some discussion, when the Bill was being debated, about 
someone picking up a telephone extension (in a home, typically) and 
therefore "unintentionally" hearing the conversation. No doubt we could 
find analogies for this on data networks (indeed, the Goggle wifi 
sniffing is perhaps in this category).
-- 
Roland Perry



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