Roland Perry - "is an ISP a 'Person'?"

[Quentin Campbell]

> -----Original Message-----
> From: MS [mailto:ms@PyroSkin.com]=20
> Sent: 01 October 2002 05:44
> To: ukcrypto@chiark.greenend.org.uk
> Subject: Re: Roland Perry - "is an ISP a 'Person'?"
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> >From: Roland Perry <roland@linx.net>
> >Subject: Re: ZA approves RIP analog
> ><snip>
> >
> >Currently, I am considering a reply to a view which has been=20
> put to me:
> >
> >That an ISP [running a Virus Checker] is a "Person", and even though=20
> >the examination of the emails is automated (and blind to=20
> humans) that=20
> >the emails are necessarily being made available to the person of the=20
> >ISP in order to be checked.
> >
> >I'd welcome people's views on this (as briefly as possible).
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> Single European Act, Title III, Chapter 2, Article 58:=20
> "Companies or firms formed in accordance with the law of a=20
> Member State and having their registered office, central=20
> administration or principal place of business within the=20
> Community shall, for the purposes of this Chapter, be treated=20
> in the same way as natural persons who are nationals of=20
> Member States. Companies or firms' means companies or firms=20
> constituted under civil or commercial law, including=20
> cooperative societies, and other legal persons governed by=20
> public or private law, save for those which are non profit making."
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> found at:
> http://europa.eu.int/abc/obj/treaties/en/entr6d03.htm
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> Not sure if this helps, but it might!
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As far as I am aware my University is exempt from this legal definition
of "person". This may mean that the OIC's current interpretation of
"interception" does not apply to us.

If this is the case then the OIC should drop their interpreation or find
a more inclusive definition of RIPA's "person".

Quentin
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PHONE: +44 191 222 8209    Computing Service, University of Newcastle
FAX:   +44 191 222 8765    Newcastle upon Tyne, United Kingdom, NE1 7RU.
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"Any opinion expressed above is mine. The University can get its own."=20