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What is "Posted Content?"
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poss. TRIGGER (I'm putting that here just in case)
not wanting to stir the pot further, but...after looking at today's posts and replies about members being banned, I decided that it couldn't hurt to review the TOS. Well, as so often happens when one looks a bit too closely at something, I now have a big question: just what constitutes "posted content" in the section quoted below: (quote from TOS): 1.2 Breach. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Site and the licenses granted hereunder. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, Visitors and Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, account information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. ************************************************************ QUESTIONS: Is posted content ONLY what is posted publicly on the boards? Does it extend to hugs? To private messages between members? And MOST importantly, to Journals, even those designated "Private-for member only?"???? Do we all need to assume (as I essentially do anyway) that anything and everything we write on DS is basically subject to disclosure in any kind of legal matter we may become involved in (not just things like criminal activity acknowledged or hinted at, but also malpractice suits, disability determination cases, child custody disputes, wrongful termination cases, competency evaluations, etc.)? I think the TOS has already established that what we post here cannot be construed as mental health information, which legally can be accessed only with a court order, not just a subpoena. So we would not even have that minimal safeguard. Posted on 09/05/09, 04:09 pm |
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the 'document' you are referring to may need a lawyer to clearly interpret ..and I am not one. However, I have 'been around hosting sites' and basically it is saying ANYTHING YOU TYPE while logged into DS is posted content .. meaning the originator of the content (you) have posted it to their website ... or even more specifically, to their servers.
Boils down to if 'you' put it on their site, it is theirs AS WELL AS they can act on it just about any way they wish (within certain privacy laws). 
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Incidentally, this is common .. DS is not particularly different than Yahoo or? or?.
Actually, a website can have some extensive requirements from law enforcement in order to 'hand over' info. Here is Time Warner Cable's 'attitude' on that: http://www.timewarnercable2.com/so... AND READ THE LAST LINE on the page: LAW ENFORCEMENT SUBPOENA INFORMATION If you are a law enforcement agency seeking information about how to obtain records from Time Warner Cable, please click here for instructions. click on the word 'here'.
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I guess that's the bottom line of my question, and the answer as well. If we type it in ANY location on the site, it's posted, and with the right document (US law requires a court order to obtain mental health information, but this is NOT mental health information, so a much-easier to secure subpoena is enough) none of it is "private." And I guess the authorities really wouldn't even have to get a subpoena--they could just go to the site and read it all like anybody else. Another reminder that putting something on the Internet is akin to putting it on the big billboard in Times Square. If what they found publicly accessible led them to think there was anything useful in the "private" photos or journal entries, there would be no trouble getting a subpoena.
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The Time-Warner document is interesting. It touches on the secret warrants of the war on terrorism, which is probably what they were most mindful of when their lawyers drafted the document.
This is the first time I've been on a site like this. I've used e-mail for years, and was on a list many years ago...pre-9/11. I don't remember ever being very concerned about privacy then, probably because I still naively believed I had some. Until the last few weeks, I was almost never online after mid-2004. It feels like a "brave new world" just in that little span of time. That was also when HIPPA (the US law covering medical information) was just coming into effect...if we post what would otherwise be protected information here (like what meds we're on or what treatments we've used), does that waive our right to confidentiality? I know there are no answers to these last questions. They're sort of an extension of WV's earlier comments in another thread about how social networking is changing our perceptions and our reality. What is privacy today? Just because we share particular information with one set of people, does that mean we are OK with the whole world knowing? Those of you in the UK, we hear a lot about cameras being "everywhere" there. Are they? What do you think about them?
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Medical privacy typically is defined as involving communications between a patient and a trained, licensed medical professional. I know this to include doctors, nurses, but am reasonably sure it does not mean friends (like us here) discussion our situations.
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I guess that means if the gouberment leans on DS they will capitulate and spill the beans...
second sentence in third comma...to protect our systems..... after all web crawlers go through DS's servers daily, who is to say that certain key words aren't looked into further... here is what I think http://www.youtube.com/watch?v=33r...
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This is why I don't use the journal function for anything actually private.
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Uhm, I've just realized today why your practice of keeping the really private stuff out of an online journal is a a very smart practice. I'm happy that I haven't already started a "real" journal on DS. That will have to continue to be a pen & paper record kept at home.
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i had not really given this much thought as this is also my first time on a chat room and being declared 5150 twice in the last 2 years, but i have real trust issues with the government (none) and maybe i'll just "watch"
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