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3(1)A service provider does not commit an offence under section 5(2) by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not—
(a)initiate the transmission,
(b)select the recipient of the transmission, or
(c)select or modify the information contained in the transmission.
(2)For the purposes of sub-paragraph (1)—
(a)providing access to a communication network, and
(b)transmitting information in a communication network,
include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
(3)Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
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