What is a "communication" (was Re: sorry, but ...

[Peter Sommer]

Contributors to this thread might like to take a careful look at RIPA s 
2(1) which provides some definitions and addresses the issue of 
jurisidiction claimed by the UK courts:

"public telecommunications service" means any
telecommunications service which is offered or provided to, or
to a substantial section of, the public in any one or more parts
of the United Kingdom;
"public telecommunication system" means any such parts of a
telecommunication system by means of which any public
telecommunications service is provided as are located in the
United Kingdom;
"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.

  *

  *

    "

and then s 2(4) and (5):


(2) For the purposes of this Act, but subject to the following provisions
of this section, a person intercepts a communication in the course of its
transmission by means of a telecommunication system if, and only if,he---
(a) so modifies or interferes with the system, or its operation,
(b) so monitors transmissions made by means of the system, or
(c) so monitors transmissions made by wireless telegraphy to or
from apparatus comprised in the system,
as to make some or all of the contents of the communication available,
while being transmitted, to a person other than the sender or intended
recipient of the communication.
(3) References in this Act to the interception of a communication do
not include references to the interception of any communication
broadcast for general reception.
(4) For the purposes of this Act the interception of a communication
takes place in the United Kingdom if, and only if, the modification,
interference or monitoring or, in the case of a postal item, the 
interception
is effected by conduct within the United Kingdom and the
communication is either---
(a) intercepted in the course of its transmission by means of a public
postal service or public telecommunication system; or
(b) intercepted in the course of its transmission by means of a private
telecommunication system in a case in which the sender or
intended recipient of the communication is in the United
Kingdom.
(5) References in this Act to the interception of a communication in the
course of its transmission by means of a postal service or
telecommunication system do not include references to---
(a) any conduct that takes place in relation only to so much of the
communication as consists in any traffic data comprised in or
attached to a communication (whether by the sender or
otherwise) for the purposes of any postal service or
telecommunication system by means of which it is being or may
be transmitted; or
(b) any such conduct, in connection with conduct falling within
paragraph (a), as gives a person who is neither the sender nor
the intended recipient only so much access to a communication
as is necessary for the purpose


The issue is where the interception or monitoring takes place

Peter Sommer


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