What is a "communication"

Andrew Cormack Andrew.Cormack at ja.net
Tue Aug 14 12:42:36 BST 2012

Offline at the moment so can't check, but IIRC the "TwitterJoke" judgment did conclude that a tweet on its way from the author to the Twitter site *was* a communication for Communications Act purposes (therefore capable of being malicious, though this particular one wasn't).

Can't think why the same wouldn't apply to an FTP transfer...


Andrew Cormack
Chief Regulatory Adviser, Janet
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Janet, the UK's research and education network

> -----Original Message-----
> From: ukcrypto-bounces at chiark.greenend.org.uk [mailto:ukcrypto-
> bounces at chiark.greenend.org.uk] On Behalf Of Peter Fairbrother
> Sent: 14 August 2012 04:39
> To: UK Cryptography Policy Discussion Group
> Subject: Re: What is a "communication"
> On 14/08/12 03:44, Peter Fairbrother wrote:
> > On 13/08/12 11:07, Charles Lindsey wrote:
> >>> Another question here, is traffic between me and mywebsiteserver a
> >>> communication?
> >>
> >> Yes, you sent a communication to your websiteserver and it returned
> >> information of use to you. The identity of your websiteserver is
> >> traffic data. The actual query and its response is not.
> >
> >
> > You probably can't have it both ways - my webserver is not a person.
> Or
> > is it?
> Missed a bit here - I was thinking of me placing something on the 'net
> by ftp'ing it to mywebserver, and whether that ftp is a communication
> in
> RIPA terms, and therefore interceptable.
> mywebsever is (allegedly) at an ISP who do not look at the content
> therein, but for the sake of argument suppose it is a physical server
> in
> in my London flat (I wish).
> I think it may not be a communication, as it does not have an intended
> recipient - except perhaps me, as the server operator, as opposed to
> me,
> as the sender?
> I don't know.
> but maybe ftp prolly cannot be intercepted because it is not a
> communication, even if some b#*#*#*d sees it all.
> -- Peter Fairbother

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