Phorm and the Computer Misuse Act...

[David Biggins]

Ah,... yes.  Provided of course that the system was opt-in.

If on the other hand it was opt-out, which seems to be Phorm's
preference, would that affect the issue of apparent consent?   So far,
only Carphone Warehouse seem to have made any explicit commitment to
making it opt-in.

Of course, as Roland points out, explaining all this to a jury would be
tricky...

Dave.
=20

> -----Original Message-----
> From: ukcrypto-admin@chiark.greenend.org.uk=20
> [mailto:ukcrypto-admin@chiark.greenend.org.uk] On Behalf Of=20
> Nicholas Bohm
> Sent: 24 April 2008 12:44
> To: ukcrypto@chiark.greenend.org.uk
> Subject: Re: Phorm and the Computer Misuse Act...
>=20
> The main obstacle to a CMA prosecution would be apparent user=20
> consent, depending on the adequacy of the information given=20
> to the user as the basis for the consent.
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> Nicholas
> --
> Salkyns, Great Canfield, Takeley,
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