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letter to BT and others
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PingusPeriratus
Mon Dec 17 2012, 07:29PM
Registered Member #657
Joined: Fri May 01 2009, 06:32PM
Posts: 1226

Got refered to this lot.


Unit H4: Trust and Security

We develop policy, research and innovation solutions and carry out activities enhancing the security of Internet networks and services and the protection of citizens' on-line privacy and security. We will:
Elaborate a European strategy on Internet security and remove cyber security related obstacles to the proper functioning of the Internal Market.
We will manage implementation of the e-privacy Directive and follow-up of all issues related to the protection of privacy on-line.
Manage the various financial programmes (FP7, CIP, H2020) supporting the Internet and ICT security.
Promote a better coordinated and coherent approach on cyber incident management worldwide.

http://ec.europa.eu/dgs/connect/mission/index_en.htm#DirB
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PingusPeriratus
Thu Jan 31 2013, 04:19PM
Registered Member #657
Joined: Fri May 01 2009, 06:32PM
Posts: 1226

Dear Mr M

The basis of your complaint is clear from your latest email.

I am sorry to say that Ofcom is not competent to investigate complaints
against the Greater Manchester police or to investigate possible breaches
of the RIPA, which are a matter for the police, police complaints
procedures, and potentially for the Interception of Communications
Commissioner.

In the event that it is determined that BT/Yahoo's actions in relation
to their email service is a breach of RIPA, there might also be grounds for
 Ofcom to investigate the T&Cs of the BT/Yahoo email service.
Please inform us if this does turn out to be the position.

Yours sincerely,

Rachel Wingfield

-----Original Message-----
From: Phil M
Sent: 27 January 2013 13:17
To: Rachel Wingfield
Subject: BT/Yahoo email interception

Could you please acknowledge receipt of my email to you on 13/12/2012.
I was informed that CNECT-B2 had been in contact with
you over this matter. Do you need further info?

thank you

Sent today Thurs 31 jan 2013

Thank you for your reply.
It was the answer I expected as I have been trying for the last nine
months trying to get regulators to grasp that the offence is a breach of
ripa and not a matter of the terms and conditions, although they breach
the Unfair terms and Conditions in Contracts regulations by imposing an
impossible and unfair burden on the customer by making them party to an
illegal interception.

I mention the terms and conditions that BT impose on their customers
only as the evidence that BT have declared their intent to ignore the
law. I am not a BT customer and so the terms and conditions have no
hold over me yet they intend to use them as an excuse to illegally
intercept my communications.

The law requires full bilateral consent of sender and recipient to any
interception.
This consent must be obtained BEFORE any interception takes place.
BT have been refused any and all consent to intercept my communications

Implied consent is NOT sufficient to permit interception. Any
interception of communications by BT is therefore illegal. This places
an unfair condition on BT customers by making them party to an illegal
act and therefore the terms and conditions are in breach of the Unfair
Terms and Conditions in Contracts legislation and unenforceable in law.

The above should be enough for you to act against BT in the matter of
the terms and conditions.

I am pursuing the matter of Ripa by other avenues

 


[ Edited Thu Jan 31 2013, 04:21PM ]
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Gordon
Fri Feb 01 2013, 02:30AM
Registered Member #287
Joined: Thu Apr 03 2008, 09:06PM
Posts: 445
"I am sorry to say that Ofcom is not competent"...

...and she may as well have stopped there.
I would stress that I am not for one moment suggesting that Greater Manchester Police *are* in any way competent, merely that they are all as bad as each other!
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