What is a "communication" (was Re: sorry, but ...
Caspar Bowden (travelling)
tharg at gmx.net
Wed Aug 8 11:15:26 BST 2012
On 08/08/2012 11:49 AM, Charles Lindsey wrote:
> On Tue, 07 Aug 2012 20:50:36 +0100, Peter Fairbrother
> <zenadsl6186 at zen.co.uk> wrote:
>> RIPA S.5(6): The conduct authorised by an interception warrant shall
>> be taken to include—
>> (a) all such conduct (including the interception of communications
>> not identified by the warrant) as it is necessary to undertake in
>> order to do what is expressly authorised or required by the warrant;
> Which is irrelevant to the case in question, which was concerned with
> interception *without* a warrant.
I thought we were discussing the case of intercepting "external" vs.
"internal" both of which require warrants (as opposed to stuff
originating and finishing outside UK which requires no warrant at all -
like all other countries AFAIK)
External stuff requires "certificated" warrants, and the Bassam letter
and associated FIPR notes at http://www.fipr.org/rip/#Overlapping are
all about how the wiggle room applies viz. (****)
/<<How do 8(3) and 15(3) interlock with clause 5(6)?/
Clause 5(6) allows, under the authority of an interception warrant, all
such conduct as it is necessary to undertake in order to do what the
warrant expressly authorises. This conduct can include the interception
of communications - whether external or internal - not identified by the
warrant. But such interception must be the minimum necessary to achieve
the object of the warrant, and must be proportionate to that object.
***** The clause applies equally to warrants complying with clause 8(1)
and (3) *****. In the latter case it could, for example, make lawful the
interception of internal communications where these mixed with external
communications on a trunk used mainly for external purposes.
Communications that originate and are received in the UK are always
"internal"; as is well known, some of these will go abroad en route and
so be carried on primarily external trunks. It is not possible to
intercept the external communications on the trunk without intercepting
the internal communications as well.>>
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