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Article #651

Re: Porn, The Net and the Law...??

#651
From: All
Date: Sun, 09 Feb 1997 00:00
41 lines
2088 bytes
Frank Charlton previously gibbered to All  ... 

 Hiya Frank... 

 >> monitor an individuals 'account' they would need the same permission
 >> as do BT for monitoring 'phone calls, and the P.O people's mail. etc.
 FC> 
 FC> Not at all. When you sign for an account, you're effectively
 FC> providing permission, which you're not doing when you have a phone
 FC> line installed or post a letter.

I probably didn't phrase that as I meant to ... to use any so called 
'evidence' they'd need to makesure it was collected in an approved manner, 
that's why BT need home office approval before tapping lines. 

Sure they (your ISP) can monitor your use for their  own reasons, but if it 
were to lead to a criminal conviction it would need to be proved that it 
wasyour account etc. 

 FC> What bothers me in this account monitoring issue is the whole
 FC> 'common carrier' argument. In the past, Demon and almost every other
...
 FC> The problem with ISPs claiming CC status is this : If they're a
 FC> common carrier, why monitor anyone's accounts?

I have to agree. That;'s why I think they would need approval to be able to 
use the eviidence collected in a _criminal case_ .. if they use it just to 
say we're closing your account there's little you could do about it. 

 FC> It's all a legal minefield anyway, and I don't think the law is clear
 FC> at all (in the UK at least) where this is concerned.

Very unlikely!! 

--

Send email replies to :algy@allatsea.demon.co.uk (Antony Lacey)


    Floating around aimlessly at All At Sea. 
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From: All@Sea (All@Sea)
Subject: Re: Porn, The Net and the Law...??
Date: 1997/02/09
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