Legal Beagle by Graeme Edgeler

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Legal Beagle: Dotcom spying: Crown criminal liability?

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  • Lucy Telfar Barnard, in reply to Graeme Edgeler,

    That some technician might be the person to carry criminal liability for a decision made be people at a much higher pay grade, would seem a little unfair, but if you’re going to be intercepting the private communications of people, you do kind of a run a risk.

    It’s more than “a little” unfair, and I also think it more than a little unfair to say those who take on the job also take on a risk of criminal prosecution if someone further up the food chain gets it wrong on who they’re allowed to intercept. I don’t think most if any, employees would have considered that as a risk when they took on the job.

    I hadn’t considered that, but I’m pretty sure it’s limited to civil liability.
    That said, I’d happily argue it if I was their defence lawyer!

    I can only hope such an argument would win.

    Wellington • Since Nov 2006 • 580 posts Report Reply

  • Graeme Edgeler, in reply to Lucy Telfar Barnard,

    I can only hope such an argument would win.

    It didn't at Nuremberg!
    [does this mean I should close off comments?]

    Wellington, New Zealand • Since Nov 2006 • 3202 posts Report Reply

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