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Originally Posted by AlexanderHanff
Again this is simply not true...
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In your opinion...
Quote:
Originally Posted by AlexanderHanff
There is absolutely no doubt in my mind or any of the very influential people I have discussed it with including the Earl of Northesk, Nicholas Bohm and many others, that implied consent cannot every be assumed with regards to Privacy and -must- be explicit (informed) consent.
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Privacy? If you'd actually read what I originally wrote you would see that I was talking only about published content. I don't agree with Nicholas Bohm's opinion in only one respect - implied consent for published content. In fact I wouldn't even go so far as to say I don't agree, just that, after speaking to legal experts I don't see any value of using this weak argument when stronger arguments exist.
I know privacy still applies to published content, the knowledge of what I read is personal and private. However the content of such magazines/books/newspapers is not private.
But, and here is the crux of the argument, if the police want to sequester my subscriptions at my local newsagents, which section of RIPA do you think would apply? I very much doubt it would be section 2.
RIPA section 2 relates to intercept. In my opinion the minute you start trying to pursuade a court or a politician that it applies to "ordinary" published web consent is the minute they switch off.
I know you can argue the letter of the law but what actually matters is the prevailing argument and ultimately the support of parliament, who have it in their power to amend laws, either way.
Someone very close to the issue at an ISP told me the reason they thought no action would ever come of this [the trials] was because of a confusion amongst everyone [implying the campaigners] over exactly what laws were being breached.
To my mind stick with the clearest example rather than inventing increasingly complex and verying reasons why you don't want Phorm.
Phorm is illegal because the IP stream carries a variety of types of communications including but not limited to published content, private messages, broadcast content (possibly not port 80) and it is impossible to identify and ignore private messages separate from other content.