Are clickstreams “communications data” ?
Lord Bassam: It is becoming clear that the current definition is not adequate… I do not have a new definition of “communications data” to offer today Lord Cope: …It was not clear from what the Minister said whether websites that people consult and follow through–click streams, as they are sometimes known–are intended to be included in the new definition. We shall have to wait for Report stage to find out. Is it lawful for black-boxes to spy on web browsing? Lord Cope: …I did not hear whether the Minister said that, in future, data would be obtainable without the knowledge of the ISP. The purpose of Amendments Nos. 74A and 75A is to try to make it unlawful to obtain data without the ISP knowing. Will the black boxes be able to obtain such communications data without the knowledge of the ISP? Lord Bassam: … It is not intended that a service provider’s intercept capability will be used covertly by intercepting agencies… Lord Cope of Berkeley: It certainly answers the point wit
