Regarding this mess: http://news.livejournal.com/125326.html?thread=83019150#t83019150

OK, I'll be honest.

I'm a sysadmin. This means that when I'm working I can pretty much read the email and files of just about anyone on my network. If it lives on the company network that I have rights to, I can look at it, unless they've encrypted it and not given me the key.

Now, part of being a GOOD sysadmin mean I DON'T go trolling through other people's email without a legitimate reason - as in legal, relevant to the business, and cleared with my superiors. I've only had to do it once, and I insisted that HR sign off on it. Because although when in a corporate environment the company (meaning me, the sysadmin) has the right to go through your stuff, doesn't mean we can for kicks or boredom. Then it's abuse of privilege.

That's what they did. It's not that they can't - it's their machines, their software, their network. But unless they have a reason to having direct bearing on doing their job, they damn well shouldn't. Also, the sysadmin/support person/etc in question has no business going through and commenting on your private stuff. That's just plain asinine. While they may be asked to evaluate it for dates, times and a summary for their superiors, they shouldn't be inserting comments into your space. Plus, they sure as hell shouldn't go revealing anything that they found unless legally required (by subpeona) to do so.

This stuff is pretty well covered by established HR and corporate privacy law in the workplace. I know when I worked for a major web retailer that even the phone support people were trained not to discuss with anyone, even each other (unless required to do their job), user identifiable details. If you even *might* touch use data, you got the training.

So yes, get riled about LJ's abuse of privacy - but not at the fact that they can see your locked entries, but that they would not only read them, but comment on them.
ravan: (451F)
( May. 31st, 2007 10:08 pm)
However, there are a few legal issues here that bug me:

1) If you suspect a crime is or has been committed, don't delete a journal, call the cops!!
2) If you accuse someone publicly of criminal behavior, but can't/don't/won't back it up with evidence and reporting it to the authorities, you could be committing libel and defamation.
3) Deleting journals and communities on the basis of keywords in interests is pretty slipshod.
4) Fiction, fantasy, or discussion of lusts and thoughts is not the same as doing them, even under the current mess of US Law. Really.
5) Isn't breaking/violating your own process as described in your ToS a breach of contract??
6) Trying to claim listed "interests" mean that a person "likes" or "advocates" them would probably get laughed out of court, IMO.
7) As I understand it, a person's content is theirs, and a hosting service is shielded by the "common carrier" provisions of the law *if* they do not exercise editorial control over it. Deleting "objectionable", but not illegal, content could be construed as exercising editorial control.

Again, IANAL, nor do I play one on TV.

I need to have defined for me what rights I have under my permanent membership contract with LJ. If they can blithely change their ToS on the fly about this stuff, what else can they do, without me having any recourse other than abandoning my journal (and money)? Will I log in one day to a page full of ads for fundie churches, my journal redacted of all content not fit for sheltered 5 year olds??
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