Hot answers tagged

74

Unauthorized access to a computer is a crime in most parts of the world However, Microsoft's access is not unauthorized (my emphasis): Updates. The softwareperiodically [sic] checks for system and app updates, and downloads and installs them for you. You may obtain updates only from Microsoft or authorized sources, and Microsoft may need to update your ...


48

This article basically says "it depends": If it is genuinely used to improve tenant safety then that is OK, but if it is used to track your private life then that is not acceptable. Cameras that cover communal areas used by several properties are generally acceptable, but cameras covering individual properties are much less so. It sounds like ...


48

There is no law against a person creating and distributing such a poster, to the best of my knowledge. However such a poster pretty clearly implies that the person shown is guilty of a crime, or at least strongly suspected. If the store somehow made an error, pulling the image of a person who did not use the stolen card or there is some other error, the ...


31

Is it a correct inference that the right "to be secure in their persons, houses, papers, and effects" extends to even a private corporation? No. It's not even a correct inference that it extends by its own terms to state and local governments. In Barron v. Baltimore (1833), the Supreme Court held that the Bill of Rights was enacted as part of the ...


25

This is entirely legal and commonly done. The risk of defamation liability to the suspect is minimal. Under New York Times v. Sullivan 376 U.S. 254 (1964) and related cases, to prevail in defamation case with a media defendant, a public figure plaintiff, or a matter of public concern, the plaintiff must show "actual malice." In Rosenbloom v. ...


21

This is a common issue when a contractor is hired to write a technical document. Under united-states law, at least, the answer is clear. The contractor owns the copyright unless there is a written agreement transferring the copyright. This may or may not be a work-for-hire agreement, and there are some significant differences in the effects if it is, but an ...


14

From their website: Metro Vancouver Kink is an incorporated, non-profit society. That is, they are a corporation and corporations are legal people, capable of suing and being sued just like natural people are. The lawsuit alleges defamation which a corporate entity can do by making untrue statements that damage someone’s reputation. Based on the linked ...


14

Hacking into a computer owned by someone else and accessing the data stored on it without permission is a misdemeanor according to StGB 202a (de|en). But only if it's successful. So a failed attempt isn't a misdemeanor yet. When you notice that someone might have committed a criminal offence (regardless of whether you are a victim or just a witness), then ...


14

It would be terribly risky for you to simply link another company's terms of service. What if they take their server down? What if they change their terms? You would not even know when exactly the changes were made. Copying their terms means you might run into copyright issues on the text. Either pay a lawyer to write your ToS for you, or see if you can ...


13

In the U.S. it has long been acceptable for private citizens and organizations to sponsor rewards for information leading to a criminal's apprehension. Oftentimes, in the American West, the "Wanted" posters that offered rewards were funded by citizens and victims own pockets since law enforcement bodies at the time were very underfunded (no "...


13

… would face and voice count as personal information under GDPR? Absolutely. Does person B have the right to erasure … No. The right to erasure only applies in certain circumstances. While the initial reason for collecting personal data was consent, once it has been incorporated into a film, the processor now has a legitimate interest in the data. The ...


11

No, it does not The terms "searches" and "seizures", as used here, are terms of art, and refer to governmental actions, primarily to the actions of law enforcement (police, customs officials, etc). When the US Constitution was written, the memory of "general searches" by British customs officials was still strong, and one of ...


10

Adding to Paul's answer, you have considerable protections under GDPR here, and there's a host of angles you can use to get your data removed, or have it not collected in the first place. Your landlord, even as a sole trader, is required to register and pay a fee to do this to the ICO (1), and can be fined up to £4000 if he fails to do so. You have the right ...


10

ADA is about "disabilities", and not being vaccinated is not a disability under the law. Applicability of HIPAA is very complex and unclear. The Privacy Rule refers to and restricts the actions of Covered Entities. Healthcare providers and insurance companies are Covered Entities. The regulation 45 CFR 160.103 defines "covered entity" as ...


9

Though not in the USA, something very similar happened in Ireland in 2014. A homeowner was burgled while absent, but his CCTV system caught clear images of the intruders. He supplied this data to the police, who were pleased to have it. However, he also posted the videos on Youtube. He was subsequently ordered to take them down again because he was violating ...


9

Contracts are transferrable The default rule is that the rights and obligations that one person holds under a contract (your original bank) can be transferred to any other person (your new bank). This is only not the case where the contract is one for personal services (e.g. an employment contract) or where the contract explicitly prescribes or otherwise ...


9

What are the reasons/ legal requirements that the police might need my personal information, given that I had not been able to provide any further information/ witness testimony to the incident that they were investigating? The police in england-and-wales have a duty to undertake reasonable lines of enquiry and to carry out a proportionate investigation in ...


8

This is how the private law firms get personal data of users in violation of copyright laws in Germany (slightly modified Google translation from here): Companies that monitor file sharing sites for legal violations give the IP addresses of the file sharing site users to specialized private law firms commissioned. Based on § 101 UrhG the private law firms ...


7

The relevant law is not so specific. It prohibits child abuse and child neglect which are defined only as general standards and not as specific rules. This doesn't appear to be child neglect, indeed, the opposite to the extent that there is such a thing. So, would it be child abuse? This would be up to the finder of fact to determine, and might depend upon ...


7

Is there a reason why you want to include real examples in the book? There is no implication that an example is real unless you make that claim. I think you should consider how much effort it will take to rewrite existing resumes enough to avoid all of the issues already mentioned (and others) vs. writing new resumes about fake people specifically for the ...


7

A corporation can be criminally charged, this is not infrequent. If there is a guilty verdict in such a case, the penalty is normally a fine. Not infrequently, there would be a civil case over the same or related conduct, which might result in an injunction or other court order to address future actions and attempt prevent further actions of the same sort. ...


6

You can probably refuse A contract cannot be changed unilaterally unless the contract provides for unilateral change - its unlikely your contract does. In any event, the person with such a power of unilateral change has to exercise it reasonably. It is an implied term of employment contracts that the employee must obey the lawful and reasonable directions of ...


6

Video surveillance is not necessarily illegal, but you do need a very solid legal basis. You should not install a camera in your lab without going through your department's usual processes, likely involving the data protection officer and the Betriebsrat/Personalrat which MUST sign off on such workplace surveillance measures. I don't quite see how a vote ...


6

Most likely yes if you are subject to UK or EU laws: The EU ePrivacy directive and implementing laws such as PECR in the UK require that you obtain consent before accessing information on a user's device, unless that access is strictly necessary to perform a service requested by the user. Cookies and similar technologies such as LocalStorage are stored on ...


6

Costs There are hundreds of jurisdictions in the world with various approaches to privacy in public places. It is simply much cheaper for the publisher to avoid claims in the first place than to hire lawyers to deal with them. Even if the publisher has full legal standing to publish the faces, it would not always be able to recover costs from the failed ...


6

What you describe is essentially a Warrant Canary, which is legally murky. From a functional point of view, it is breaking the non-disclosure requirements of the NSL by omission. Proponents of warrant canaries would point to case law such as West Virginia State Board of Education v. Barnette and Wooley v. Maynard to suggest that the Free Speech clause of the ...


6

In the united-states, there is no general right for a person to control or approve a biography or other account of that person's life. Many biographies are "unauthorized", which simply means that the subject, or in some cases the subject's heirs or family, did not cooperate with the biographer. Sometimes this is even considered to be a point in ...


6

Such a law would be constitutional The US Congress could decide to require VPN providers to register the IPs that they provide to VPN customers. The use of such techniques would almost surely be considered "interstate or foreign commerce" and so Congress would have power under the Commerce Clause of the constitution to legislate concerning it. ...


6

You can't just interpret the word "require" in isolation, you have to focus on what is allowed vs. disallowed by law. Guidance point K.1 starts with the rhetorical question Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for ...


5

To expand a bit on Dale's answer, being able to sue or be sued is actually often the primary reason that not-for-profit or even for-profit organizations choose to incorporate. By incorporating, the organization becomes a separate legal entity for the purpose of lawsuits (and liability for debts and such.) This provides a considerable degree of protection to ...


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