Intended recipient

James Firth james2 at
Tue Sep 13 12:37:33 BST 2011

Peter Fairbrother wrote:
> I'm pretty sure the intended recipient has to be the person the sender
> intends (in his mind) to send the email to, ie the fortune500 company,
> not the researchers.
> If the sender made a mistake and the researchers got the email by
> mistake, then they would be innocent - but that's not what happened,
> they got the emails intentionally.


> Note that if you did this by mistake (eg if had a division
> called spl, and you registered without intending to see any
> ATT mail) it might [1] still be interception - but it wouldn't be a
> criminal offense as there was no intent.
> [1] depending on whether the Judge thinks the "as to" in S.2(2) implies
> an element of intent or not - a moot point

Not wanting to give CPS or police an easy ride for letting BT off the hook
re Phorm, this neatly highlights why RIPA might become even more illiberal
if it enforced a stricter definition of liability.

James Firth

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