Blackberry and

[Dave Howe]

Peter Sommer wrote:
> "However, I would be interested to see if installing code on my
> phone,without my authorization and to my *potential* detriment, was
> computermisuse. This isn't adding interception code to a router or host
> they//control, its adding it to *my phone* - which they don't own or
> control."
> 
> Blackberry would probably argue that it had either explicit or implicit
> permission to install code on your phone.   

I would argue they don't - although again, I don't have a crackberry so
can't really look at the T&C. However, I know iPhone users who have
blocked official apple updates to their phones to avoid them being
"bricked" - presumably the same would apply if apple decided to force a
code download specifically to get to those users currently blocking
automatic updates.

> Can't see most prosecuting authorities rushing to support a CMA-like
> criminal prosecution.


I suspect this is more to the point - it is not in the interests of the
authorities to prosecute people doing their work for them, for free, in
advance, and without forcing them to take the time and trouble to obtain
a warrant or HO RIPA order.