RE: [atlarge-discuss] FW: Your message to Atlarge-info awaitsmoderator approval

[Joanna Lane <jo-uk@rcn.com>]

> From: Paul
> Sent: 16 June 2003 22:33
> Joanna Lane wrote:
>
> >JFC has invaded my letterbox with Spam using data that he obtained from
> >ICANNATLarge.com and .org, ...
> >
> >
> >6) JFC, a citizen of the EU where there are laws that prohibit
> third party
> >disclose of personally identifiable information, is using a membership
> >database that he acquired under questionable circumstances from
> ICANNAtLarge
> >for one purpose, namely the election, and applying it to another purpose,
> >which may include building a completely separate organization comprising
> >members who have never consented to be enrolled.
> >
>
> Which jurisdiction? France?

No. The domain servers show the jurisdiction of the domain is in Georgia,
USA.

> Who understands the local implementation of the data protection and
> privacy directives?

Good question. My first call would be to the European Commission in
Washington, to ask who worked out the exemptions for the WHOIS database.
Nevertheless, Jefsey is French, and must understand the nature and extent of
privacy rights of EU citizens regardless of where they may be located in the
world. The fact that an EU citizen may be subscribed to a mailing list in
the US does not override their inalienable rights to some level of control
over how their personal data is used by virtue of their citizenship.

If that were not the case, the British Government would never object the
death penalty imposed on a British citizen in the US, and they do, often. To
be exempt from EU privacy directives, a specific case has to be made in
advance of the data being used, to show good reason. I believe such a case
was made regarding the WHOIS, but I see no such precedent in relation to a
remote subscription of an EU citizen to a US mailing list, which is executed
without their knowledge and consent, that results in disclosing personal
contact data for which there is no apparent reason.

> Has a criminal offence been committed?

I wouldn't know, but there were some angry people, that's for sure.

> By JFC? or any other party?

By Jefsey and the domain servers.

> Has he apologized and stopped?

No, he has not apologized. I don't know whether he has stopped. What i do
know is that he is in possession of a valuable database which he obtained by
deception.

Joanna


> --
> Paul
>


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