§ The Earl of Northeskasked Her Majesty's Government:
Whether the practice of internet service providers checking e-mail subject lines for malicious code, for example to filter out the Kournikova virus, would constitute a breach of terms of the Regulation of Investigatory Powers Act 2000. [HL911]
§ Lord Bassam of BrightonSection 3(3) of the Regulation of Investigatory Powers Act 2000 provides that interception of a communication is lawful if it is conducted by, or on behalf of, a person who provides a telecommunications service (which includes Internet Service Providers) and it takes place for purposes connected with the provision or operation of that service. An example of this might be to prevent interference with the operation of a system by a virus.