Starmer dumps doormat?
zenadsl6186 at zen.co.uk
Sun Jan 16 15:39:17 GMT 2011
Peter Sommer wrote:
> If you stick to RIPA and interception, the general view is that
> interception only occurs when something is in the course of transmission
> (as Caspar report). Once it has been received it is no longer "in the
> course of transmission"
That's not what RIPA says - according to RIPA a message can have been
received and still be in transmission. This is the mistake which the
Police, CPS etc have been making, and hopefully will stop making.
I made this mistake myself too for a while, as did many other people
here - it's only about a year ago I said here to much disagreement (and
apparently one or two people still disagree) that I thought that
according to RIPA whether a message has been read has no bearing on
whether it is in transmission or not - so don't blame them too much.
If you are used to looking at things like letters which are either in
transmission or not, it's hard to take the step to a message which can
be both in transmission and not in transmission at the same time.
I know the law doesn't actually do this, but might be easier to look at
an electronic message as lots of copies. If a copy was created inside a
transmission system it is is transmission. Forever.
If you copy that copy, or even just look at it , it's interception
unless you are the sender/recipient, or you are doing so in order to
transmit it to the recipient.
This is actually almost identical to what RIPA actually says, but in
very different form - and it's also the doormat.
But it's a step to get here, too ... :)
-- Peter Fairbrother
 it is of course at least impractical to look at a copy without
copying it, and it's theoretically impossible if you define look and
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