[Gllug] Re: www.spews.org - spamming blacklist

[Jason Clifford]

On Mon, 9 Jun 2003, Nix wrote:

> > The important point here is that without specific consent from the user 
> > employing content scanning may be unlawful under RIPA.
> 
> Anyone enabling an antispam system on the user's email without asking is
> on very dodgy moral ground, too, I'd say; RIPA or no RIPA.

Well prior to RIPA it depended upon who you are.

If you are the employer or service provider and the checking is done on 
your computers then prior to RIPA that would have been OK.

Now under RIPA and the privacy aspects of the recent human rights 
legislation, even as an employer or service provider, you have to have 
permission to intercept private communications.

Employers can just make it part of their T&C of employment (which I was 
advising clients to do back in 1996). Service providers can make it part 
of their service T&C. In both cases, however, existing users must be 
notified/given opportunity to refuse the new T&C before it can be 
implemented lawfully though.

Jason Clifford
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