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

[Peter Fairbrother]

David Howe wrote:

> at Thursday, October 03, 2002 12:58 PM, Peter Fairbrother
> <zenadsl6186@zen.co.uk> was seen to say:
>> There is no absolute availability. Something at the bottom of your
>> garden is available to you, but less available than if it's in your
>> room, and less available than if it's in your pocket.
> I don't see the problem here - the act doesn't say "make available, or
> increase the convenience of access" it just says "make available" - and
> in any case, how does a server process that inspects mail *where it is
> already* and deletes or alters some of it make it more available?

I think you missed the point. Try this, from the same email:

>> An email is available to root on most mail systems. Copying it to root's
>> home folder would make it more available, but less available than putting it
>> on-screen.

Would copying it to root's home folder make it _more_ available to root?
Undoubtedly. Would it make it available to root?

Suppose it was copied to Fred's folder instead. Would that make it available
to Fred? Of course.  But Fred wouldn't actually be able to see it until he
put it on his screen. Would putting it on his screen make it available to
Fred? I'd say yes, would you? Suppose someone else put it on Fred's screen,
would that be making it available to Fred? I think you'd say yes, but it has
already been made available to Fred. If Fred memorised it, would that be
making it available to Fred? When he was out of the office, it would.

You can't regard availability as an absolute, it doesn't make sense.
Consequently "making available" and "making more available" are synonyms,
unless an agreed definition of availability exists. It doesn't in RIPA, and
I know of no case law to give one.

[ There may be a point at which something is as available as it is possible
to be to someone, but I doubt you could ever reach it. ]

[ Perhaps unavailability could be absolute, but I doubt it, if the thing
exists. Something hidden in the Sun? Build a star-trek transporter (do they
work in stars?), or a super-dooper spaceship. Virginity? Build a time
machine. ]

As for your second point, the mail is not in the scanner until it is put
there. It may be in the system, but it's not in the scanner part of it. The
system is not a black box, all you crypto types should know there's no such
thing in non-quantum reality.

-- Peter Fairbrother