sorry, but ...

[Charles Lindsey]

On Thu, 26 Jul 2012 14:10:41 +0100, Roland Perry  
<lists at internetpolicyagency.com> wrote:

>> Now if all the Friends are situated in the UK
>
> A huge assumption. My Facebook friends are literally all over the world.  
> Even someone with a UK-based work life is quite likely to have at least  
> one relative abroad.
>
>> , then any message is  inevitably both 'sent' and 'received' within the  
>> UK, and is therefore  internal, since it seems to be agreed that a  
>> server, wherever located,  which provides mere conduit, or temporary  
>> buffering/storage to facilitate  such conduit, is itself neither a  
>> sender nor a receiver.
>>
>> Now if one of Alice's friends (say Bob) happens to reside outside the  
>> UK,  then things might get more interesting, since every message is  
>> potentially  from Alice to Bob (but what if Bob never actually bothers  
>> to read it).
>
> Bob may have an email alert, which means he'll get sent the message  
> whether he wants it or not. Similarly, if Bob has a Tweetdeck account  
> linked to his Facebook, he'll be "pushed" many of the postings that way.
>
> This is all far to technology specific to be of use making law, however.  
> You simply have to assume that there will be a Bob, and he will get the  
> message.

If it so happens that there exists no such Bob outside of the UK, then  
"They" will be breaking the law if they intercept it without a warrant. I  
reckon the onus is on "Them" to ascertain that there does exist an  
extra-terroitorial Bob if they want to go ahead and intercept without a  
warrant. How "They" ascertain that is "Their" problem, and I doubt that  
even the most microscopic examination of Alice's communication with  
Facebook would reveal that.

-- 
Charles H. Lindsey ---------At Home, doing my own thing------------------------
Tel: +44 161 436 6131                       
   Web: http://www.cs.man.ac.uk/~chl
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