BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT (2) Insofar as s.16 of RIPA is required as a safeguard in order to render the interference with Article 8 in accordance with law, is it a sufficient one? (3) Is the regime, whether with or without s.16, sufficiently compliant with the Weber requirements, insofar as such is necessary in order to be in accordance with law? (4) Is s.16(2) indirectly discriminatory contrary to Article 14 of the Convention, and, if so, can it be justified?” 47. In relation to the first question, the applicants had contended that following the “sea-change in technology since 2000”, substantially more communications were now external, and as a result the internal/external distinction in section 8(4) was no longer “fit for purpose”. While the IPT accepted that the changes in technology had been substantial, and that it was impossible to differentiate at interception stage between external and internal communications, it found that the differences in view as to the precise definition of “external communications” did not per se render the section 8(4) regime incompatible with Article 8 § 2. In this regard, it considered that the difficulty in distinguishing between “internal” and “external” communications had existed since the enactment of RIPA and the changes in technology had not materially added to the quantity or proportion of communications which could or could not be differentiated as being external or internal at the time of interception. At worst, they had “accelerated the process of more things in the world on a true analysis being external than internal”. In any case the distinction was only relevant at interception stage. The “heavy lifting” was done by section 16 of RIPA, which prevented intercepted material being selected to be read, looked at or listened to “according to a factor which is referable to an individual who is known to be for the time being in the British Islands” (see paragraphs 84-92 below). Furthermore, all communications intercepted under a section 8(4) warrant could only be considered for examination by reference to that section. 48. In respect of the second question, the IPT held that the section 16 safeguards, which applied only to intercept material and not to related communications data, were sufficient. Although it concluded that the Weber criteria also extended to communications data, it considered that there was adequate protection or safeguards by reference to section 15 of RIPA (see paragraphs 77-82 below). In addition, in so far as section 16 offered greater protection for communications content than for communications data, the difference was justified and proportionate because communications data were necessary to identify individuals whose intercepted material was protected by section 16 (that is, individuals known to be in the British Islands). 49. Turning to the third question, the IPT concluded that the section 8(4) regime was sufficiently compliant with the Weber criteria (being the criteria set out in Weber and Saravia, cited above, § 95; see also paragraphs 274 13