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  #1  
Old 02-17-2009, 08:47 PM
Reycer Reycer is offline
 
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Default Privacy Issue

I have a question about Privacy. Our local Police Dept. and city council contacted me, and asked for the email address of a certain member of mine. Seems that this member has been spinning tales about the mayor and some other elected officials. Possibly libelous statements. He's been slinging his stuff on another forum (thank goodness it wasn't mine). I told them that if they wanted the email they would have to supoena it. As I don't violate my users trust or their privacy. What would you do in this situation? Would you give the email address? Even if you agree that the statements should not have been made, and could possible be libelous? I figure the answer will be most definatly "no, don't give it." But, I just wanted to see what you all would say on the issue?
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  #2  
Old 02-17-2009, 09:06 PM
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KTBleeding KTBleeding is offline
 
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?? I'm confused.

I can't say exactly what I would do in the situation, but your user information should be protected by your terms of service. You aren't held liable for this guys actions, and they can't do anything to you.

This seems like a bogus request though. Good on you for requiring the subpoena.. Do you not have the right to "spin tales" about the Mayor anymore??
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  #3  
Old 02-17-2009, 09:21 PM
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Wayne Luke Wayne Luke is offline
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Quote:
Originally Posted by KTBleeding View Post
Do you not have the right to "spin tales" about the Mayor anymore??
Libel and Slander are still against the law as far as I am aware. If the statements can be backed by fact then by all means post them. If they are libelous and hearsay then no, you can't "spin tales" about the Mayor.

Make them go through the proper channels but when they hand you that paper, honor it.
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  #4  
Old 02-17-2009, 09:38 PM
UKBusinessLive UKBusinessLive is offline
 
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My words exactly Wayne,

Heres a little i managed to find, Might be worth a read

Quote:
Enforcement Actions

The FTC has used its authority under the FTC Act to take action against companies that have misrepresented their information management, security, and privacy practices. Under the FTC Act, the Commission can issue administrative cease and desist orders barring deceptive or unfair practices. If a respondent violates an administrative order, it can be held liable for a civil penalty of up to $11,000 for each violation, as well as such other equitable relief as is deemed appropriate. In appropriate cases, the FTC also can obtain preliminary and permanent injunctive relief from a federal court, barring deceptive or unfair practices and imposing equitable monetary relief (i.e., restitution and recision of contracts) to remedy past violations. The FTC also enforces other statutes, such as the COPPA and GLBA, and may seek injunctions and civil penalties for violations of those Acts (or their implementing regulations). Since 1999, the FTC has brought more than 30 cases involving the FTC Act and other privacy-related statutes. The following are just a few examples of these cases.

http://www.ftc.gov/speeches/swindle/...onprivacy.shtm
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  #5  
Old 02-17-2009, 10:16 PM
nexialys
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actually, Lebanon laws are quite different... i may say more open to interpretation from the police...

i would say that you have nothing to do with the member in question as the situation occured on another forum. if they are unable to have contact with the forum admin, they may be in trouble tryingto apply their own laws... they may even get you in trouble if you do not comply... take care on that.
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  #6  
Old 02-17-2009, 10:18 PM
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Wayne Luke Wayne Luke is offline
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Quote:
Originally Posted by nexialys View Post
actually, Lebanon laws are quite different... i may say more open to interpretation from the police...
He is in Lebanon, Missouri. A small town in the Ozark Mountains of the United States. That is what the MO after the comma means in his location.
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  #7  
Old 02-17-2009, 10:28 PM
Reycer Reycer is offline
 
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Quote:
Originally Posted by Wayne Luke View Post
He is in Lebanon, Missouri. A small town in the Ozark Mountains of the United States. That is what the MO after the comma means in his location.

Thank you for that. His post, had me confused for a bit. lol. He may be right though..... some Lebanon citizens here, think that they can make the law as they wish, and depending on who you are in this town, they are right. lol I really like the responses I am getting. I got an email back from one of the council members, and he told me that he understood completely that I could not disclose that information.
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  #8  
Old 02-17-2009, 10:52 PM
nexialys
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ok, MO means Missouri... i thought it was written in french *(Lebanon is french speaking)

My fault... lol

anyway, part of my post was correct anyway.. lol
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  #9  
Old 02-17-2009, 10:56 PM
GSeybold GSeybold is offline
 
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This is a very good thread. I think I would ask for a subpoena as well. Thank you for posting this as this can be a problem for all admins. I've had to intervene and call the police for suicide threats but not for stuff like this.

Gabby
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  #10  
Old 02-17-2009, 10:58 PM
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iogames iogames is offline
 
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Wow! I good thread

Side with the law...
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