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

Jeremy Barker jeremy.barker at btinternet.com
Tue, 01 Oct 2002 22:31:53 +0000


MS wrote:

> >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 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'd welcome people's views on this (as briefly as possible).
>
> Single European Act, Title III, Chapter 2, Article 58:
> "Companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community shall, for the purposes of this Chapter, be treated in the same way as natural persons who are nationals of Member States. Companies or firms' means companies or firms constituted under civil or commercial law, including cooperative societies, and other legal persons governed by public or private law, save for those which are non profit making."

The corporate body/natural person equality only applies in the context of that part of the Treaty.  Whether similar considerations apply elsewhere would have to be found in other treaties or legislation.

jb