Phorms Ts and Cs

David Biggins ukcrypto at chiark.greenend.org.uk
Tue, 30 Sep 2008 17:12:48 +0100


> -----Original Message-----
> From: ukcrypto-admin@chiark.greenend.org.uk [mailto:ukcrypto-
> admin@chiark.greenend.org.uk] On Behalf Of James Firth
> Sent: 30 September 2008 16:26
> To: ukcrypto@chiark.greenend.org.uk
> Subject: RE: Phorms Ts and Cs
>=20
> Ian Batten wrote:
>=20
> > The changes BT are making to Total Broadband terms and conditions
are
> > rather harder-line than we anticipated. (see below).
>=20
> You've missed out the change to clause 11, where they change "material
> disadvantage" to "significant disadvantage" when it comes to trying to
> end
> your contract early due to change in Ts & Cs:

Interesting - though some might suggest that this makes things easier
for customers.

It might be hard to claim that the surveillance was a "material"
disadvantage, since it is difficult to show any actual loss or damage to
the consumer beyond privacy - and it might be hard to prove that a
privacy loss is a material disadvantage.

However, even under the auspices of a government that regards civil
liberties as a flaming inconvenience in its drive to use surveillance
against anyone it wishes under the "I don't like the look of your face
sunshine" act of two thousand and whatever,  it might be possible to
find a court that recognised that a loss of privacy may be significant -
simply because the term IS vaguer.

Dave.