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

[Dave Bird]

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In article <01a701c26947$3669e7e0$c71121c2@sharpuk.co.uk>, David Howe
<DaveHowe@gmx.co.uk> writes
>> 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.

 Since computers are mere things and have no intention, it would be
 assumed that what they "choose to do" is actually done by you
 if you set them up to do it, or had them set up to do it, or should
 have known someone else had set them up to do it (unless somebody
 actually deceived you and set up the action against your will).

 In short, the situation is not much different from you having a
 box of old dynamite and "it" blew up: "its" action is laid at
 your door, because the choice and intention involved was yours. 
>
>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 - 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 can see the ATM thing being a bit of a pain.  One solution might be
 that there is a contract required for permission to draw money from
 the ATM, the stuff involved when you sign up for a pin number.  

 You knew there was and you didn't get permission? Then you misused
 equipment belonging to them without their permission, and took
 their property without the required permission too. You had a contract
 and you took money outside the contract?  Similar sort of analysis.

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