[weesteev]

Originally Posted by AlexanderHanff

No definitely not. RIPA has provisions in it covering the principle of those terms which is specifically with regards to them being essential procedures for providing the service (ie your broadband). Note how the terms explicitly state data volume and type of traffic as opposed to the actual contents of the traffic/data. This is acceptable as it falls under reasonable network management, but to actually look at the data itself or intercept that data for the purpose of an advertising business is not covered.

They have no grounds for the interception with regards to their existing terms and conditions.

Furthermore, Privacy and Electronic Communications Regulations 2003 (section 8 I think) states that Terms and Conditions which do not adhere to the regulations (as in must have customer consent first, which implies this must be explicit (informed) consent as opposed to implied consent (not objecting to the terms)) are void under the regulations. So even if they had Terms and Conditions giving themselves permission to intercept, those terms would be invalid and void.

Furthermore, even if they managed to get a "sympathetic" judge, the activity still contravenes the European Convention on Human Rights and the Human Rights Act 1998 and as such the judge would have to rule that the case is incompatible with the Convention.

Hopefully it will all become clear when people read my interpretation of the law in the article I am currently working on.

Alexander Hanff

Nice one Alex, I look forward to the read!