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

Owen Blacker owen.blacker at wheel.co.uk
Tue, 1 Oct 2002 14:57:36 +0100


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David Howe:
> 
> > Currently, I am considering a reply to a view which has been put to
> > me:
> >
> > That an ISP [running a Virus Checker] is a "Person", and even though
> > the examination of the emails is automated (and blind to humans)
> > that the emails are necessarily being made available to the person
> > of the ISP in order to be checked.
> 
> I am not sure the "body corporate" includes the machines it owns - after
> all, if you own a pc as a natural person, and that pc performs an
> unattended task, it isn't preassumed you did that task yourself is it?
> I think this is failure to distingush tasks undertaken directly and
> those undertaken by a machine owned by a person.

But if you (as either the natural person or the body corporate)
specifically requested that the computer perform that unattended task... 
:o)

> I can see plenty of cases where it would be inconvenient to write off
> actions made by a machine directly - after all, if you programmed a
> machine to kill someone, you would be guilty of a crime even if your
> hands were clean

Quite.

> but it has already been established that, if you
> extract unauthorised cash from an ATM, you aren't guilty of fraud as you
> can't "fool" a machine; Surely if the initial view is true, then you are
> guilty of fooling the body corporate that owns the ATM?

I'm not sure how that's relevant...(?)


O x

(And am I the only person who keeps misreading this Subject: line as
 "Is Roland Perry a person?"?  *G*)
- -- 
Owen Blacker
Senior Software Developer and InfoSecurity Consultant   Wheel: Group
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