Hot answers tagged

34 votes
Accepted

GDPR, online shopping and phone numbers for shipping - Is it legal?

Shipping does not require a phone number First, in many places shipping does require a phone number. Even if not strictly mandatory, it may be part of standard business practices to facilitate the ...
xngtng's user avatar
  • 5,811
20 votes
Accepted

Would it be legal to erase, disable, or destroy your phone when a CBP agent attempted to seize it?

This is going to depend on what you think or know is on the phone, why you want to keep it undisclosed, and why the officer says s/he wants it. If one knows or has good reason to think that there is ...
David Siegel's user avatar
17 votes
Accepted

Is smart watch illegal while in control of the vehicle?

It says hold and use. Having a smartphone in your backpack is fine. Having a smartwatch on your wrist is fine. Using the smart watch for a phone call or a game or whatever while driving is not.
quarague's user avatar
  • 3,328
5 votes
Accepted

Would I have any legal grounds to sue a phone manufacturer for locking the bootloader?

No When you selected “I agree” on starting your phone, this is what you agreed to. From clause 3: You shall not, … modify, or disable any features of, the Software … The boot loader is part of the ...
Dale M's user avatar
  • 204k
5 votes
Accepted

How do people with a flip phone comply with Australia's new law?

They don’t get to quarantine at home If they are unable or unwilling to comply with the law for whatever reason, they cannot use the new at-home quarantine and will have to stay (and pay for) hotel ...
Dale M's user avatar
  • 204k
5 votes

Is smart watch illegal while in control of the vehicle?

I'm having trouble finding one page with the most up to date version of "Road Vehicles Regulations" with all amendments included, but the important amendment for this question is from 2003. ...
IllusiveBrian's user avatar
4 votes

Would it be legal to erase, disable, or destroy your phone when a CBP agent attempted to seize it?

As the other commenters established, your criminal liability depends on whether the contents of the phone are, or may be deemed to be 'evidence'. But the border guard is not (usually) acting in ...
heywebrokeyalinuxagain's user avatar
4 votes
Accepted

Does my phone company have the right to charge me later for a service that I never requested?

To me it appears that your agreement includes 30GB at high speed, and unlimited data at 2G or better. The phone company may have valid internal reasons to offer those 10GB at better-than-2G speeds, ...
MSalters's user avatar
  • 5,524
3 votes

Is it election fraud or otherwise against the law to call a leaked caucus hotline being used for election?

There seems to be no current applicable prohibition state law in Iowa in Iowa Code 39A, the Election Misconduct and Penalties Act. It is also not at all clear that precinct caucuses count as "...
user6726's user avatar
  • 215k
2 votes

In states with phone restrictions while driving, does that apply to all devices?

Washington is one of the dozen-plus states with the strongest rules against messing with electronics while driving. RCW 46.61.672 says simple "A person who uses a personal electronic device while ...
user6726's user avatar
  • 215k
2 votes
Accepted

Will the new australian telecoms bill allow to compel companies to build spy functionality into their software?

Nobody knows. The relevant parts of the bill: 317ZG: (1) A technical assistance request, technical assistance notice or technical capability notice must not have the effect of: (a) ...
Mark's user avatar
  • 6,154
2 votes
Accepted

Is it legal to record audio using a phone if the phone has been stolen?

The recording-people-dilemma (in the US) Your app is, in its core functionality, very much the same as a dictaphone or wiretap: it records people in its surroundings. Now, when is recording a person ...
Trish's user avatar
  • 37.3k
2 votes

How can it be done?

The law is kind of humongous, but the main answer is that the law does not care about what kind of device information might be on, so it could be a phone, a computer, or something else. It basically ...
user6726's user avatar
  • 215k
2 votes

Purchasing cell phone without warranty

It means that once the return period is over (whatever that might be, quite possibly not very long) you will have no legal remedy if the phone stops working or develops a problem. Whether this is an ...
David Siegel's user avatar
2 votes

Will a mobile provider cut off services?

Whether or not a provider will cut off or restrict service depends on (a) what the contract says and (b) whether the company is willing to ignore the contract. If they ignore the contract, and the ...
user6726's user avatar
  • 215k
1 vote

Is phone number required for providing phone warranties in Australia?

Firstly, there is no requirement under Australian law, esepcially the ACL, that you must provide any PII for the warranty to apply. However, most phone companies do require you provide proof of ...
Noch's user avatar
  • 70
1 vote

Is blocking third-party phone numbers GDPR-compliant?

I think it would be difficult to run such a phone number blocking service legally in Europe. Scenario. In this answer, I will assume that the phone blocking service acts in a B2C manner: consumers/end ...
amon's user avatar
  • 23.9k
1 vote

Is blocking third-party phone numbers GDPR-compliant?

GDPR article 6 paragraph 1(f), quoted in the question, would seem to provide a lawful basis for such processing. Paragraph 1(d): (d) processing is necessary in order to protect the vital interests ...
David Siegel's user avatar
1 vote

What responsibilities do mobile phone operators have if a plan they offer is ruled illegal in court?

The consequences are, that your model needs to be one of these: no matter what you download, after the limit everything is throttled and any download counts for the amount. No affiliates that don't ...
Trish's user avatar
  • 37.3k
1 vote

Which kind of lawyer does a hacking and spying victim need?

From what you've said, it sounds like this isn't a job for a lawyer. If you are a victim of a crime, you can report it to the police. You don't need a lawyer for that and there's little one could do ...
Comic Sans Seraphim's user avatar
1 vote

Will a mobile provider cut off services?

It is routine for contracts with service providers to contain provisions where the customer agrees not to use the service for illegal activity, and it is routine to include provisions allowing the ...
bdb484's user avatar
  • 58.2k
1 vote

Do US landline carriers have safe harbor for carrying illegal calls?

Yes. As a utility, telephone carriers (both landline and cell carriers) are immune from unlawful communications crossing over their networks. The responsibility of any illicit form of speech (such ...
hszmv's user avatar
  • 22.9k
1 vote

Does my phone company have the right to charge me later for a service that I never requested?

You didn't specify a jurisdiction, so I'm going to answer for the UK. The principles will be similar in most places. If you have a monthly quota, you almost certainly have a written contract with the ...
richardb's user avatar
  • 2,346
1 vote

What legal charges could I face after this action?

1) theft (Diebstahl) : Intension of permanently retaining another persions belongings not fulfilled 2) possible, if the person envolved may choose to do so 3) Grobe Unfug (serious mischief), also ...
Mark Johnson's user avatar
  • 5,451
1 vote

Is it legal to record audio using a phone if the phone has been stolen?

I would suggest that you create software that records sound, with the permission of the rightful owner, without your software being aware that the phone has been stolen or not. As the owner, I might ...
gnasher729's user avatar
  • 33.3k
1 vote

If I were to lend my phone to someone that then used it for criminal purposes, would I be liable?

On that exact fact pattern, I am unaware of any criminal liability. However, ... The jury decides what the facts are based on the evidence and they are entitled to decide how they decide that ...
Dale M's user avatar
  • 204k
1 vote

GDPR and a cell phone paid through work?

From what I understand, the contact information at work is not regulated by GDPR since it is considered B2B Thia is not at all correct. There is nothing in the GDPR that exempts a data controller ...
David Siegel's user avatar

Only top scored, non community-wiki answers of a minimum length are eligible