05-08-2008, 12:05 AM
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Industry Role:
Join Date: Sep 2002
Posts: 10,592
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Quote:
Originally Posted by wootpr0n
All of it is private and cannot be disclosed without a valid court order.
The only exception is that you can disclose this information to law enforcement without a subpoena if you say that you will in your Privacy Policy.
As you are certainly aware, the vast majority of your visitors do not read your Privacy Policy or Terms of Service. If you tell your users that you will disclose all of their personal information and then do it, you will likely NOT get away with it. This is because a Court is likely to consider such a provision invalid and unreasonable in light of privacy laws and the general expectation of privacy.
First Name/Last Name/Address/Phone seem like information that may be in a telephone book, most of which are accessible/searchable online. But some people have opted-out of telephone book listings. Moreover, such a disclosure in connection with your website provides a second link, and that would be unacceptable. It's no longer a listing of "this person's information", but "this person's information and this person uses this site". This could also bring up defamation suits - how many people want the world to know that they are paying for porn?
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I'm only interested in:
First Name
Last Name
Username
City / State
IP Address
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