[Imc-uk-process] Re: legal stuff

[MrDemeanour]

andi wrote:
> 
> a quick subjective roundup on the UK-legal site (just my twocents:)
> 
> there is a bit of a stalemate on what we can do. we don't have the 
> consent of the indy activist that signed the contract with Rackspace
>  to pursue them - this is mainly down to our own legal shortcomings 
> and miscommunications on the legal side in the UK.
> 
> i could try to pursue Rackspace myself as an individual on grounds of
>  privacy infringement because some of my outgoing mail was seized; 
> the same for sky/nessuno who as well had mail nicked. but i'm 
> reluctant to go down that route.

To what end? Revenge? This would be a civil suit for damages, I presume.
What sum of damages is involved? Not enough to cover court costs, I
suspect, so there's a risk of being accused of wasting the court's time.
> 
> it looks smarter to me to bring the lawyers of the NUJ (National 
> Union of Journalists) and Bindmans together to possibly go after the
>  Home Office as UK Indymedia; or maybe the NUJ could do that as a 
> lobby interest group for freedom of information/publishing etc.

Going after the Home Office has a better 'taste' to me than going after
Rackspace. My belief is that Rackspace broke criminal law. Blunkett
confirms that no approaches were made to the Home Office prior to the
seizure; that means that MLAT cannot have been invoked, since invoking
MLAT requires the involvement of the Home Secretary.

It follows that there is a prima facie criminal case against Rackspace,
which the CPS should be investigating.

Incidentally, one of the Bindman's barristers happens to be a relative
of mine, and I happen to be meeting him socially in a coupla weeks. I'd
be interested to find out what he knows...

> 
> theoretically (or when believing in a 'working parliamentary system')
>  any question of a MP should trigger a response of the Home Office, 
> as you should expect of a 'common law country'.

Hah! In this country, statute law always trumps common law.

IANAL.
Opinions I've expressed are my own, and not those of the Oxford list.
-- 
Jack.