RIP consultation responses
Andrew Cormack
Andrew.Cormack at ja.net
Fri Apr 8 15:22:58 BST 2011
> -----Original Message-----
> From: ukcrypto-bounces at chiark.greenend.org.uk [mailto:ukcrypto-
> bounces at chiark.greenend.org.uk] On Behalf Of Ian Batten
> Sent: 08 April 2011 14:53
> To: UK Cryptography Policy Discussion Group
> Subject: Re: RIP consultation responses
>
> >
> > Can anyone explain why I'm *not* going to be in line for a monetary
> penalty next time I turn on my wifi laptop in a populated area (given
> the nature of radio I'll undoubtedly receive communications that aren't
> intended for me), or the owner of an iPad when it fails to stop using
> the IP address when the DHCP lease runs out?
>
> Well, it says "any communication in the course of its transmission by
> means of a public telecommunication system". Is Wifi "a public
> telecommunications system"? And does this clause apply if you
> intercept communication which is at some point is going to pass over a
> public telecommunications system, or does it have to be on a pts at the
> time you intercept it?
Hmmm:
RIPA s2: "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.
Does "system", which is not defined in the Act as far as I can see, limit it to physical objects (though I'd have thought the wording implied that there was more than just "apparatus" involved)?
Device continuing to listen to Ethernet using an expired IP address (or device listening to old response packets on a newly issued address) is covered anyway :(
Andrew
> ian
>
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