Quote:
Originally Posted by madslug
The Home Office advice does not say that you can imply consent of ALL web site operators for interception. The whole document is about intercepting consenting user data streams with UIDs and scripts hosted on web sites to deliver the adverts. The advert delivery script is downloaded by the user's computer and is not part of the original page intercepted. The implied consent comes in the delivery of the page which enables the ad delivery script to be called.
Nowhere does it say anything about non-RIPA interceptions relating to web sites which are not part of providing the advertising services to consenting users being exempt from RIPA. The document is silent on this other than to confirm that 2(2) and (8) are confirmed as an interception within the meaning of RIPA (viewable by a human or recorded on a proxy where it is technically possible for a person to view the content).
The more I read the HO document, the more I see that the answer related to one very specific question: the interception of the user to enable the advert delivery script to deliver the advert. See para.2
Read para.7 (a closed system - not a DPI provided data stream) and consider the conclusion in para.8
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I read this as meaning ALL web sites
Quote:
15. A question may also arise as to whether a targeted online advertising
provider has reasonable grounds for believing the host or publisher of a web
page consents to the interception for the purposes of section 3(1)(b). It
may be argued that section 3(1)(b) is satisfied in such a case because the
host or publisher who makes a web page available for download from a server
impliedly consents to those pages being downloaded.
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However, it does say downloaded and not intercepted
