Here we go again - ISP DPI, but is it interception?

[Peter Fairbrother]

Charles Lindsey wrote:
> On Wed, 28 Jul 2010 18:40:17 +0100, Peter Fairbrother 
> <zenadsl6186 at zen.co.uk> wrote:
> 
>> “telecommunications service” means any service that consists in the 
>> provision of access to, and of facilities for making use of, any 
>> telecommunication system (whether or not one provided by the person 
>> providing the service); and
>>
>> “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.
>>
>>
>> Now I could go into detail about this, yet again, but I've done it 
>> before - so I'll just say that I read that to mean they can only 
>> intercept  for purposes connected to their ability to pass messages.
> 
> So the transmission of communications is not "facilitated" by filtering 
> out the bogus ones?

I don't think TalkTalk will be filtering out bogus transmissions, even 
if their system worked. A bit of malware is not a bogus communication - 
the sender means to send it to the recipient.

>>
>> TalkTalk's actions do not fall under 3(3) because they do not 
>> facilitate the transmission of communications. If it didn't happen 
>> then people would still be able to get web service as normal.
>>
>> Email spam and virus filtering arguably does fall under 3(3), because 
>> if it didn't happen then email would be unuseable.
> 
> Exactly. But are you now arguing that it is perhaps legal to filter 
> email, but it is not legal to filter web sites that purvey malware? 


Yes.

-- Peter Fairbrother
> 
> --Charles H. Lindsey ---------At Home, doing my own thing------------------------ 
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