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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