Quote:
Originally Posted by foreverwar
Could you provide a link/reference to this, please (UK case law)?
And in the nicest possible way, China isn't probably the best reference regarding data transmission laws, as I know for a fact they (the Government/authorities) intercept/filter the content of our Virtual Learning Environment (based in the UK, accessed by Chinese students) systems.
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Of course. I do not set out the authorities chapter and verse for that would expose the extent of my advocacy in court. However, by way of an
introduction:
The Canadian case, which has already past the hurdles generally expressed by helpful VM posters in that (loosely) the defence likely to taken by VM was rebuffed and further procedure allowed to continue:
The PHORM debarcle, which relates to the present case in every aspect except the actual mining use of private data:
http://www.p2pnet.net/story/15671
...and a paper produced (I think) by the Cambridge think tank on issues we are discussing here (and from which UK Government seeks direction):
http://www.theregister.co.uk/2009/02...action_threat/
http://www.p2pnet.net/story/15980
These are good introductions to the general concept of the law applied to traffic management methods but are far from the whole law. There are authorities from prior court cases which support the various points of law relevant to throttling at every phase of its effect.
Get your popcorn ready, its a long read!
As for the China issue you mentioned, it is one area of my expertise. Apart from tutoring Chinese postgraduates and having an English language school for a while, I also engaged in significant activity here and in China as regards halting immigration abuse of the student visa system. It was me who leaked the story as regards immigration abuse by agents there, and universities and English language schools here, to the BBC during 2004. As a result the then SoS Blunkett changed immigration procedures (23 Apr 2004 I recall). In China I had significant contact with Chinese authorities at government and PSB level and came to know the precise practice Chinese data interception works through (then) nine gateways. My partner is Chinese too! My point was that similar laws exist there to here but until recently had far greater penalty than we would accept.