Little bit more here.
Harrassment http://www.justice.gc.ca/eng/pi/fv-v...har/part1.html
Criminal harassment, which includes “stalking,” is a crime. While many crimes are defined by conduct that results in a very clear outcome (for example, murder), criminal harassment generally consists of repeated conduct that is carried out over a period of time and that causes victims to reasonably fear for their safety but does not necessarily result in physical injury. It may be a precursor to subsequent violent acts.
Criminal harassment can be conducted through the use of a computer system, including the Internet.
10 Although this type of conduct is described in various ways, not all such conduct falls within Canada’s definition of criminal harassment. For example, “cyber-stalking” or “on-line harassment” is often used to refer to (1) direct communication through e-mail; (2) Internet harassment, where the offender publishes offensive or threatening information about the victim on the Internet; and (3) unauthorized use, control or sabotage of the victim’s computer.
11 In some cyber-stalking situations, criminal harassment charges may be appropriate; however, depending on the activity involved, charges under sections 342.1 (unauthorized use of a computer), 342.2 (possession of device to obtain computer service) and subsection 430(1.1) (mischief in relation to data) should also be considered. Activities that can be considered cyber-stalking can include delivering threatening or harassing messages through one or more of the following:
- e-mail;
- chat rooms;
- message boards;
- newsgroups; and
- forums.
Other variations of cyber-stalking include the following:
- sending inappropriate electronic greeting cards;
- posting personal advertisements in the victim’s name;
- creating Web sites that contain threatening or harassing messages or that contain provocative or pornographic photographs, most of which have been altered;
- sending viruses to the victim’s computer;
- using spy-ware to track Web site visits or record keystrokes the victim makes; and
- sending harassing messages to the victim’s employers, co-workers, students, teachers, customers, friends, families or churches or sending harassing messages forged in the victim’s name to others.12
So by this definiton one email is not harrassment. Harrassment has to be a patttern of behaviour.
ISP Obligations
http://www.quackwatch.com/12Web/yahoo.html
"it would be unreasonable for an ISP to police every message or to act on isolated complaints, persistent abusive behavior deserves quick and effective attention"
Virgin Media are members of the ISPA - Internet Service Providers Association
This is their Code of Practice.
http://www.ispa.org.uk/about_us/page_16.html#Decency
"
.5 Fair Trading
2.5.1 In their dealings with consumers, other businesses and each other, Members must act fairly and reasonably at all times. " Interesting one that one for people being capped/threatened etc.
2.6.2 Members must include in their contracts with Customers a provision requiring Customers to comply with the UK law in using any of the relevant Member's Services.
So if we are using their services we must comply with UK law. This must apply conversely ie the yalso have to comply with UK Law so far as their UK customers are concerned, so they cant hold you responsible for a potential breach of another countries laws proactively. ie if when using their services you are complying with UK law they cant try to enforce the law of another country on the provison of services to you.
3.2 Pricing Information
3.2.1 Members shall ensure that charges for Services are clearly stated in relevant Promotional Material. Members shall make clear whether any such charges quoted are inclusive or exclusive of VAT. Where additional charges, for example on-line charges, are payable, such chargesshall be stated.
3.2.2 Members shall use reasonable endeavours to ensure that pricing information relating to charges for Services is easy to understand and prestented in an accurate, up to date, legible, and suitably prominent way - not related to this but interesting.
and the interesting part in the above rethe ISPA complaints procedure. Might be sending a little complaint there way if I dont get serioious consideration of my situation.
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Not sure if this is taking the thread off topic and sorry if that is the case but this thread has made me think about the email accounts being used on my VM BB. 