Is porn scanning interception?
Nicholas Bohm
nbohm at ernest.net
Wed, 17 Jul 2002 23:03:16 +0100
At 21:10 17/07/2002 +0100, Graham wrote:
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>On Wednesday 17 Jul 2002 7:18 pm, Nicholas Bohm wrote:
>
> > In the case of RIP "interception", we have an example of lawyer's jargon
> > which does not correspond with the all the meanings of the same word in
> > ordinary English. That's life: the law takes the word to mean what the
> > Act says, and that's it.
>
>But what does the Act MEAN? Its alright to say that the wording of the Act
>conveys the meaning of "interception", but I always understood that as a
>layman for me "ignorance of the law is no excuse". If I follow the letter of
>the law yet the meaning in the law is obscured by specialist language or
>interpretation that I have to know to understand it, but not being a lawyer I
>do not, where does that leave me?
In trouble, if you're in charge of online virus scanning procedures without
access to legal advice.
>You have all been so kind, so patient with me in my quest for knowledge, but
>it still leaves me inescabably to the conclusion that the RIP Act was badly
>drafted and they should have used a different word to convey their meaning.
The problem is not with the word being defined, but with the words used to
define it, and in particular with the words "made available", which are not
very good at segregating one class of mail from another in the context of
Internet traffic. This seems to have resulted from poor understanding on
the part of the draftsman and those instructing him/her of the differences
between the Internet and other channels of communication.
Regards
Nicholas
Salkyns, Great Canfield,
Takeley, Bishop's Stortford CM22 6SX, UK
Phone 01279 871272 (+44 1279 871272)
Fax 01279 870215 (+44 1279 870215)
Mobile 07715 419728 (+44 7715 419728)
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