Doormat-ologist needed
Roland Perry
lists at internetpolicyagency.com
Wed Sep 8 08:19:59 BST 2010
In article <4C87051C.1080704 at zen.co.uk>, Peter Fairbrother
<zenadsl6186 at zen.co.uk> writes
>So lets extend this a bit, to messages and texts in a mobile phone -
>they are "in transmission".
Be a bit careful... voicemail tends to be on a server somewhere, while
texts are stored in the handset. The latter have been delivered, the law
cannot be intending to make a distinction between whether someone has
bothered to read them or not.
> Also, emails in seized computers - again, whether they have been read
>or not is irrelevant, and as long as they are in eg the inbox they are
>to be considered to be in transmission.
You are extrapolating way beyond the meaning of the Act. But even if
reading someone's email off their computer is interception[1], it's not
a criminal offence because it's not a public telecoms system.
[1] I doubt it, because the computer in question isn't part of any
telecomms system (neither public nor private) once it's been seized.
--
Roland Perry
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