Quote:
Originally Posted by oblonsky
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.
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If you want to sue, off you go and have a bash. Nothing stopping you except Webwise hasn't been introduced yet, so you'd be wasting your time and money as the Court would not be able to find even the semblance of an infringement for you to sue about.