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united-states Messaging (and other online communication) are fixed media. A face-to-face conversation, or a telephone call, does not exist at all - except in the mental recollections of the participants. And those are always very problematic as evidence, because people's recall is inaccurate. Whereas communication in a fixed medium is durable: a newspaper, ...


11

Can messages in messaging application be used as evidence to accuse someone? When you say "accuse" I assume you mean have enough evidence to support a prosecution, as anyone can accuse anyone of anything, so I will answer in that vein from the perspective of england-and-wales. A major tool in the law enforcement armoury is cell site analysis which ...


8

You can put anything you like in a ToS document, but not everything you might put there will be enforceable. By posting something on the web, you are inviting anyone to read it. In some jurisdictions that may include the right to make and store a personal copy, although not multiple copies or a copy for commercial use. You can taker technical measures to ...


6

The First Amendment could apply to Twitter censoring an account, but it doesn't in this case. President Trump's attempts to return to Twitter are back in the news because he recently filed a motion for a preliminary injunction in his case against Twitter, arguing that blocking his account violated the First Amendment. Is it even possible for Twitter to ...


4

NO Let's reread the first amendment again: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. What is the first word? CONGRESS. The ...


4

The privacy policy now includes the statement: We may amend or update this policy from time to time and will notify you of any material changes to this policy. Previous versions of this privacy policy are available upon request. Previous versions of the policy included the same or similar language. When an agreement includes such language, it can be ...


4

The GDPR will probably not allow a successful demand for erasure in these circumstances. The company does not need to argue "that they can't delete user information for fear of be liable for.something" because GDPR art 17 1(c), 3(b), and 3(e) already make that case for the company. Lets look at the relevant law. GDPR Article 17 reads in relevant ...


3

You "can" do it any way you want, it's just that there are certain risks associated with option 1 vs 2 vs 3 or 4. Generally speaking, the lowest risk is associated with hiring a lawyer to discuss your requirements and write the necessary documents. It's possible that the most risky approach is writing your own documents, depending on how much legal ...


3

Not on its own, no Overview A ToS can be of some value, but will not fully protect the site operator (host). For one thing, a ToS is probably not binding on the user based on a contract of adhesion such as "by using this site you agree to...". A specific act, such as clicking a checkbox that defaults to clicked or activating an "I accept the ...


2

In copyright law, such an app is a joint work, and each developer is a co-author. Either may use or license the work, but any profits are jointly owned, and in the absence of any specific agreement to the contrary, must be split equally. If one co-author is marketing the work, and sharing the proceeds equally with the othe co-author, s/he is acting legally ...


2

my question is about documenting and publishing the reasons for the lack of cooperation of the accelerator It is not entirely clear what your actual question is. Your concern seems to be how you can obtain authorization to publish the accelerator's/center's reason(s) for rejecting your application. You don't need that authorization unless the accelerator's/...


1

It is not required that a web site or app have a ToS document at all. If it does, there is no requirement that it use legal terminology. A ToS is where the site operator or app maintainer defines the policies that will be used, and spells out rules that users must follow. In some cases it will be a legally binding contract between the operator and the users,...


1

couldn't any company argue that they can't delete user information for fear of be liable for.something? In most contexts, yes. The merit of that argument is premised on article 17(3)(b), (e) of the GDPR for as long as the potential claims have not prescribed. In the context you outline, the exchange has to comply with regulations for purposes including, but ...


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