Another option re BT and Phorm

Alexander Hanff ukcrypto at chiark.greenend.org.uk
Fri, 26 Sep 2008 16:15:32 +0100


Hello everyone,

I understand where Nick is coming from with regards the probable outcome
of a Judicial Review (whether we win or not - it is unlikely to change
the decision).  I still think it is an important step though as if we
win and the Police agree they broke the law but refuse to prosecute on
the grounds of costs it would make a very public statement that BT have
broken the law and got away with it; which would provide further
ammunition for the EU Commission as well as cause a great deal more
noise from the British public.

The other option is a private criminal case through the courts.  The
police made me aware some time ago that individuals can prosecute a
criminal case independent of the CPS.

Obviously the costs for this would be substantial and would require
significant fund raising; but I really don't see how BT have a leg to
stand on and provided we have good, strong and experienced counsel we
should win (perhaps I am being a little naive in my faith of the
judicial system but I have to believe that common sense will prevail at
court and BT will be found guilty).

So I am at a junction and really don't know which turn to take next.
What I do know however, is that I will not leave this as it is and will
choose one or the other unless another option comes up.

Your thoughts would be appreciated.

Regards

Alexander Hanff