I just don't see CMA as even being relevant.
The offences hinge on "causing a computer to perform a function" - section 1 (unauthorised access). This is also a requirement for section 2 (unauthorised access with intent).
The new section 3 on unauthorised modification of computer material involves causing the computer to do something to a computer such as "impair" it or "prevent access" to data, etc.
All very much a non-runner - we don't even get to defences discussed in this thread (which are all related to the question of something was "authorised" or not)
R
Renzo Marchini
Dechert LLP
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Griffiths, Ian
Sent: 17 May 2010 11:41
To: [log in to unmask]
Subject: Re: [data-protection] Google Street View
I think that would form the basis of what appears to be quite a strong defence.
Ian
________________________________
From: This list is for those interested in Data Protection issues on behalf of Roland Perry
Sent: Mon 17/05/2010 08:32
To: [log in to unmask]
Subject: Re: [data-protection] Google Street View
In message
<[log in to unmask]>, at
22:38:19 on Sun, 16 May 2010, Tim Trent
<[log in to unmask]> writes
>What about The Computer Misuse Act for gathering the data at all,
>especially since it was gathered in bulk
Look at the number of CMA prosecutions - they are vanishingly small as
the law is extremely technical, untested and strikes fear into the CPS.
Would it even apply (at a theoretical level, assuming the CPS wanted to
run a test case) to picking up data that's been broadcast voluntarily by
the wifi operator?
--
Roland Perry
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