3

I recently saw a pop-up, on a http page. It was the advertisement of some offers provided by the ISP.

Here is the code:

<td>
  <object width="480" height="195" data="<url>/V3/front_porch_RAN.swf" style="pointer-events:none;>...</object>
</td>

There is no javascript that is collecting my data, but is indulging in the activity of injecting code into the webpage, legal? I live in India.

  • 2
    Does your contract with your ISP say they can do that? – Mark Jun 12 '15 at 21:07
  • 2
    Unless there is a law or contract saying they can't, then it's legal. – feetwet Jun 12 '15 at 21:49
  • @feetwet which is why he asked? – o0'. Jun 13 '15 at 16:36
  • @Mark please notice that even if the contract says they can, this does not mean it magically becomes legal "whatever" it says. – o0'. Jun 13 '15 at 16:37
  • @feetwet no, it is not an answer, unless either you cite a specific law, OR you are knowledgable enough with Indian law to state that there isn't. – o0'. Jun 13 '15 at 16:38
2

Unless there is a law or regulation against it, it is legal.

However in a big government it can be practically impossible to determine whether something is legal. For example, nobody even knows how many criminal statutes have been promulgated by the U.S. federal government. And that's nothing compared to the volume of executive regulation and judicial case-law that determines whether something is illegal.

I.e., in practice determining that something is legal is a bit like proving a negative.

Furthermore, if you look long enough some argue that you can probably find some law under which almost any action could be considered illegal.

Note also that even if it is not against the law, it could be proscribed by contract (read your Terms and Conditions!), and breach of contract is in general – but with an astonishing number of exceptions! – illegal.

  • 1
    "Unless there is a law or regulation against it, it is legal." Not so, there are many common law precedents that make things illegal for which no statute or administrative law exists. – Dale M Apr 19 '16 at 1:07
  • @DaleM - I assume you mean "case law?" Which I'll admit I glossed past, but which only further supports the substance of this answer. I.e., "Oh, so you somehow managed to find and digest every law passed by every legislative body, and every regulation promulgated by the executive of every government entity with jurisdiction? Great, now get started on the case law that could potentially be cited by any court that might claim jurisdiction." – feetwet Apr 19 '16 at 1:14

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.