to appeal email intercept conviction
...Clifford Stanford, founder of Demon and Redbus, is planning to launch an appeal after receiving a suspended prison sentence for illegally intercepting emails. Stanford was sentenced on Thursday to six months imprisonment, suspended for two years, for unlawfully intercepting and redirecting the emails of John Porter, former chairman of Redbus.
In a telephone interview, Stanford
claimed that his
involvement in the intercept was legal as someone "on the inside who had total permission to run the server put in a redirect". Stanford
said that he
had sought informal legal advice before the redirect was set up, and that "seven top lawyers ... thought that what I did was not illegal."
The appeal will hinge on Stanford's claim that the judge hearing his
case had misinterpreted RIPA, under which he
will attempt to defend his
involvement in the interception of the emails under Section 1 subsection 6 of RIPA which states that a person is "excluded from criminal liability" if:
is a person with a right to control the operation or the use of the system; or (b) he
has the express or implied consent of such a person to make the interception."
This week's court case began with legal argument over whether Stanford
had a valid defence to the charges.Stanford
's lawyers entered a plea of guilty
after the judge ruled that Stanford did not fall into either category of person defined by RIPA.
Stanford's argument against the judge's decision appears to be predominantly semantic."He's
tried to use the wording out of a previous case to understand what 'control' is," Stanford
said that the judge had taken 'control access' to mean 'permit or forbid' access, which he
claims is incorrect.Stanford
was adamant that this ruling was the only reason for his
It emerged during the trial that Stanford
had hired a private investigator called George Liddell to gather information about John Porter after the two men fell out.
...Stanford, who resigned from Redbus in 2002, had hoped to win control of the company by forcing Porter to resign from the board.
I still believe I was innocent, and I'm determined to prove my innocence," said Stanford
...Cliff Stanford: The maverick Internet pioneer