Quote:
Originally Posted by windowcleaner
hmm, isn't this phorms argument - It doesn't matter that we intercept everything - because we take steps to ignore everything private then it's legal.
Not in my book!
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Well, yes and no. I’m not arguing for Phorm. I’m using the same argument as BTs lawyers but against them.
Fipr/Nick Bohm do have some very compelling cases where the implied consent argument clearly does not apply.
The beauty here is that it is relatively easy to prove that Phorm cannot with accuracy detect and ignore all such content. How can an intercept box detect the difference between a private page authorised by a session cookie and a visit to the Times Online?
Or at least without implementing an opt-in for webmasters, but not for the reasons that many people believe.
RIPA (arguably) only applies to communications, and no-one can deny that an email or private message thread on Myspace is not a private communication.
The opt-in would be to indicate that the site did not convey private messages , opt-in being the only reliable way of ignoring each and every one of the estimated hundreds of thousands of private email, messaging and other similar sites on the internet.