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

Richard Clayton richard at highwayman.com
Wed, 2 Oct 2002 23:11:34 +0100


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In article <B9C126AC.24A38%zenadsl6186@zen.co.uk>, Peter Fairbrother
<zenadsl6186@zen.co.uk> writes

>It doesn't stop virus scanning, it doesn't stop (most) spam scanning, it
>just stops things like autoscanning for eg political content. ISP's can scan
>or autoscan for "purposes connected with the provision or operation of the
>(telecommunications) service". That they should be able to autoscan for
>other purposes would make a mockery of the intent of RIPA.

I think you should consider the law of contract as well. The ISP may
well be being paid for a particular type of scanning and everyone is
relying on the Lawful Business Practice Regulations....

... and then (in true 4-horsemen mode of argument) consider an ISP that
sells a service that purports to filter out "adult" material so as to
provide a product that parents might consider purchasing for the use of
unsupervised offspring.

Move on from there to consider the sort of range of filtering that we
see in web-based systems (which go way beyond pictures of naked bodies
to health information, some political views, non-mainstream views of
religion... etc etc). Then reread your paragraph again and consider the
political realities of your views.


BTW, whilst thinking about this you may wish to consider the tension
between this type of contract between the ISP and parent and articles
#13-#16 of the UN Convention on The Rights of the Child (ratified by
almost every country on the planet)...

... the convention is strong on rights for the child and a teensy bit
weak on rights for the parents to interfere (the drafters were much more
concerning about binding States).

Gillick responsibility anyone ?

- -- 
richard                                              Richard Clayton

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety.         Benjamin Franklin

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