Quote:
Originally Posted by HamsterWheel
Ah, but the principal is surely long established that monitoring anyone is legal as long as they are happy to be monitored.
Think you'll have to find a bit more specific complaint to hang a legal case on.
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The principle of RIPA is that both parties must consent to interception before interception (without a warrant) is legal.
Another principle is that it is technically not possible to pre-filter anyone's IP stream to remove all personal communications, with a multitude of web-based messaging services, therefore if Phorm captures communications it requires the consent of both parties. Not just one person. Not even just the remote website, but BOTH parties to EACH AND EVERY MESSAGE.
In my opinion, IANAL, Phorm can never be legal under RIPA, although a clever lawyer may put an opposing case and only a court can decide, hence my call for a test case.
Hammy - if you think it's legal, then let's have a test case and prove it. END.