Cable Forum - View Single Post - Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

bigbadcol · 15-04-2008, 17:42

Hi Portly_Giraffe

It is a shame that the home office are unable to read. they have stated before that RIPA is primarily about how state
bodies; such as the police, local councils the security and intelligence agencies, conduct some of their
investigatory functions.

However chapter 1 section 1. of the act says that the act also applies to "a person" intercepting postal and telecomunication systems.

------------------------------------
Part I Communications
Chapter I Interception
Unlawful and authorised interception
1 Unlawful interception

(1) It shall be an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of—

(a) a public postal service; or

(b) a public telecommunication system.

(2) It shall be an offence for a person—

(a) intentionally and without lawful authority, and

(b) otherwise than in circumstances in which his conduct is excluded by subsection (6) from criminal liability under this subsection,

to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of a private telecommunication system.
-------------------------------------------------

So it is clear that the act applies to a public telephone system, so when Bt intercepted the traffic, BT broke the Law.

http://www.opsi.gov.uk/acts/acts2000..._20000023_en_2

What the heck are the home office up to by misleading you on this.

Many thanks for contacting them and posting the reply.

15-04-2008, 17:42	#3446
bigbadcol Inactive Join Date: Mar 2008 Posts: 42	Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797] Hi Portly_Giraffe It is a shame that the home office are unable to read. they have stated before that RIPA is primarily about how state bodies; such as the police, local councils the security and intelligence agencies, conduct some of their investigatory functions. However chapter 1 section 1. of the act says that the act also applies to "a person" intercepting postal and telecomunication systems. ------------------------------------ Part I Communications Chapter I Interception Unlawful and authorised interception 1 Unlawful interception (1) It shall be an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of— (a) a public postal service; or (b) a public telecommunication system. (2) It shall be an offence for a person— (a) intentionally and without lawful authority, and (b) otherwise than in circumstances in which his conduct is excluded by subsection (6) from criminal liability under this subsection, to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of a private telecommunication system. ------------------------------------------------- So it is clear that the act applies to a public telephone system, so when Bt intercepted the traffic, BT broke the Law. http://www.opsi.gov.uk/acts/acts2000..._20000023_en_2 What the heck are the home office up to by misleading you on this. Many thanks for contacting them and posting the reply.