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Originally Posted by foreverwar
Please show/link to the statute to which you refer.
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As above. I will note however that it was inaccurate of me to refer to breaking T+Cs as not illegal, I should have referred to it as not being criminal - my mistake.
I'm struggling here. Hard to take you seriously when you claim any and all caching is illegal and refer to consulting with lawyers and are insinuating that you are taking legal action against Talk Talk.
Sorry, just difficult to take comments at face value when you refuse to provide any kind of information to back it up.
If it helps though for those jumping on the RIPA bandwagon this is probably not a violation of RIPA - it could be considered to be an automated process as there is no point where the data is available to humans, alternatively it could be said that it is being used for malware prevention and that malware prevention is a part of the communications service.
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Originally Posted by ICO
1. Is there an interception?
Interception takes place if the contents of a communication are made available, during the course of its transmission, to someone other than the sender or intended recipient. Depending on the nature of the communication the intended recipient may be simply a business or a specific individual. Examples where interception may take place include a supervisor listening in to calls, a business opening e-mails stored on a server before they have been opened by the intended recipient, and an automated system that opens e-mails and/or their attachments to check them for viruses.
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This could get very interesting. I do hope you win whatever suit you run, the consequences could be very interesting in how ISPs react to a content providers whose content relies on their networks to reach customers setting one-sided terms and conditions at a whim and litigating.
Clearly ISPs, especially those the size of Talk Talk, simply don't have the resources to police such things especially if large amounts of web masters jump on the bandwagon. It soon becomes more efficient to simply ACL said sites on border routers.
Someone pass me some popcorn
