Quote:
Originally Posted by minusonebit
Thats good reporting? Where is the legal analysis? The caselaw? An FSC staff attorney saying something is illegal doesn't make it so. That said, I'm not sure I agree with any of the conclusions reached here. If you don't like the way your registrar does business, then go to someone else. Its not like there is a monopoly. This isnt a free speech issue, its a contract breach case between a client and a company. Get the lawyers involved, file a lawsuit if needed and be done with it.
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he said it was a violation of federal privacy laws.
i am not an attorney... but i am wondering if thats correct. asking for proof of age ... i.e. a photo and birthdate only, i "think" is not a violation of federal privacy laws because they are not specifically asking for any personally identifiable, non public info (full name, home address, date of birth, social security number, passport number etc). it would seem quite logical that if the site owner sent all that info to DirecNIC, that he would most likely be violating federal privacy laws.
further, i doubt that US privacy laws have any relevance at all to foreign citizens.... meaning demanding to see the ID of a Czech model or disclosing it here is perfectly legal... but if the record owner was in CZ and disclosed that info to US citizen or some organization, he would be in violation of their own privacy laws. they asked for ID's of 14 models. if those 14 models are known to not be US citizens.. then again, i would imagine that its not likely that they broke US law in asking for it ... nor would a US law be broken in disclosing it.
that being said... demanding this info "or else", thats a different issue all together. that has nothing to do with privacy laws. after thinking about everything and if its correct that they have zero liability for a sites content, then they shouldn't be asking for anything.. much less threatening their business. if they have no liability... then they have no direct interest in policing site content. if thats true, then i would not agree at all with what happened.