> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: Thursday 05 April 2007 17:13
> To: [log in to unmask]
> Subject: Re: Bluetooth for Drive By Marketing expands
>
>
> I have been pondering that.
>
> With a computer the test is that one has, presumably, taken
> reasonable steps
> to prevent an unwanted or untoward action perpetrated by an
> unknown external
> person.
I don't think there's any such test in UK law (some other countries do
require that the owner has taken some measures to prevent access, but I
don't think we do). Here the test is simply "was the access authorised
and, if it wasn't, did the person doing the access know that it was not
authorised".
The recent 'mailbombing' case was, as far as I know, the first to
consider how authorisation might be granted. On the one hand the court
seems to have accepted the submission that by running a mailserver you
implicitly grant authorisation for people to send you mail; on the other
hand they also recognised that there is a limit to that implicit
authorisation so sending a flood of mail sufficient to impair the
server's function waent beyond it. Their suggested test for when the
authorisation had been exceeded was "would the recipient have given
permission if asked?", but clearly that leaves an undecided position
when you were only sent one (or a few) message but would have refused
even those if you had known in advance what it was going to contain.
If I were you I'd turn off bluetooth in public places - there are worse
things than advertising spam being done through such open connections
(try searching for "bluejacking" or "bluesnarfing"...) ;-)
Andrew
> This implies different levels of precaution
> depending on whether
> one is a bank or a private citizen.
>
> If that is so, one should not need to take any precautions
> with the small
> computer known as a mobile phone, because one simply does not
> expect it to
> be "attacked". Thus someone who changes the contents of your
> mobile phone
> could be considered to be the same as someone who changes the
> contents of a
> bank or defence mainframe.
>
> Placing garbage into my mobile phone does alter its contents, and in a
> manner I both do not desire and am genuinely incompetent (for
> the sake of
> argument) to change. From my perspective my mobile phone is
> secured by a
> password and by my fist if necessary. I do not expect to
> have firewalls or
> other anti-intrusion devices.
>
> It will be interesting to see where this ends up.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Roland Perry
> Sent: 05 April 2007 17:04
> To: [log in to unmask]
> Subject: Re: [data-protection] Bluetooth for Drive By
> Marketing expands
>
> In message
> <!&!AAAAAAAAAAAYAAAAAAAAAIfCFjaFV0BEsFq4L0YKekfCgAAAEAAAAMikFF
> YnJzJFmpEK2
> [log in to unmask]>, at 15:41:03 on Thu, 5 Apr
> 2007, Tim Trent <[log in to unmask]> writes
> >Does that mean that the Computer Misuse Act.........
>
> Yes, I think he does mean that (but see my earlier reply).
>
> >From: This list is for those interested in Data Protection issues
> >[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
> >Sent: 05 April 2007 15:21
> >To: [log in to unmask]
> >Subject: Re: [data-protection] Bluetooth for Drive By
> Marketing expands
> >
> >But is it 'unauthorised access to a computer', perhaps?
>
> --
> Roland Perry
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask] All
> user commands
> can be found at http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving messages please send
> to the list
> owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask]
> describing your
> needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at
> http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving messages please send
> to the list owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask]
> describing your needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
--------------------
Andrew Cormack
Chief Regulatory Advisor
UKERNA, Lumen House, Library Avenue, Harwell Science and Innovation
Campus, Didcot, Ox11 0SG, UK
Phone: +44 (0)1235 822302
Fax: +44 (0)1235 822399
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|