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

Roland Perry roland at linx.net
Tue, 1 Oct 2002 16:54:52 +0100


In message <B9BF76FD.2498C%zenadsl6186@zen.co.uk>, Peter Fairbrother
<zenadsl6186@zen.co.uk> writes

>OIC quote: [using an automated] "virus checker operated by the data
>controller is an interception by that legal entity be it business or
>person."

By the anti-tautological nature of Parliamentary language, if that was
in an Act of Parliament we could definitely conclude that a business was
not a person (because it would not mention both if they were).

>But I have doubts whether a University is a "public communications service
>provider" (they don't provide email accounts to the public, just to students
>and staff, perhaps to associates etc), and if it isn't then that part of
>RIPA wouldn't apply.

We've never been able to get a formal statement about whether JANET is a
Public Network or not (time for a PQ, perhaps) but informal discussion
with officials suggests that they regard it as not.
-- 
             Roland Perry | tel: +44 20 7645 3505 | roland@linx.org
Director of Public Policy | fax: +44 20 7645 3529 | http://www.linx.net
 London Internet Exchange | mbl: +44 7909 68 0005 |       /contact/roland