Phorm Contracts with ISPs

[Nicholas Bohm]

Joel Harrison wrote:
> I agree with both you and Nicholas that this will remain a problem
> where the webhost does not consent to the interception.  The point I
> was trying to make was that whether the interception is unlawful will
> depend on the circumstances, and so these aren't contracts with an
> object that is necessarily unlawful.  ...

This is mildly subtle, no doubt, but since the parties know that there 
are many cases where web-hosts cannot be taken to have consented (even 
if a general implied consent to download is a consent to interception, 
which it is not), they are at the very best reckless as to whether their 
conduct will amount to unlawful interception.

I think that might be enough, though I don't feel the need to research 
it because I think there is an inevitable illegality in intercepting 
without web-hosts' consent.

Nicholas
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