Consultation on change to RIP interception definition

[Francis Davey]

On 17 November 2010 10:13, Ian Batten <igb at batten.eu.org> wrote:
> And to the person to whom you gave the information?  I thought not.
>

They may well be in breach of confidence as well. It would depend on
the circumstances. The point is it has nothing to do with any
contractual agreement - which is a parallel consideration.

>
> At their discretion, though.  I could frame a contract in which I and my counter-party agree that if we have a dispute, we'll ask Francis Davey to adjudicate.  But if we phone you up and demand an hour of your time, and you tell us to get stuffed, the contract between us can't compel you.   A contract can of course refer to third parties, but surely it can't bind them to courses of action?  Otherwise my wife and I have just signed a contract which says you're going to give us all your money.
>

Yes of course. I don't see that I could have implied otherwise. As a
general rule a stranger to a contact cannot be bound by it. There are
some specific exceptions (such as privity of estate which allows
tenants and landlords to be bound by an agreement made by earlier
parties to the same lease).

An ISP could certainly add a clause to its standard terms that
permitted infants (or machines or animals)' actions to modify the
agreement, so that a customer's children clicking a "YES" button
could, if the contract were properly drafted, permit the ISP to do
things it could otherwise not have done. The risk falling on the
customer to make sure it did not happen unless they wished it to.

Whether that is *fair* in the various senses of fair that are used in
contract law, and in particular in consumer contact law, is another
matter. It might be void for unfairness. That would depend on the
circumstances.

Whether it could amount to consent for any purpose (such as RIPA or
the DPA or whatever) is doubtful I expect.

-- 
Francis Davey