yes I would agree if they turned the party over to law enforcement but not to a privite party which RIAA is
Not sure what government agency you work for (it's obvious you do), but the TOS cited are signed not by
choice. Comcast has a monopoly in almost areas it operates in. Knowing the terms of the TOS is not a real factor. Even if you don't agree with the contract, you
either sign it or not get Cable Broadband. Ther are no
other alternatives. Comcast (and many others) can legally
post any and all of your personal information on the
internet or the morning newspaper. The balance of power
was created in the Constitution to prevent this sort of abuse of power. chuck
In my opinion, it really boils down to what Comcast's Customer Privacy Policy states. Any time you use an ISP or download/install software with your computer - you need to read the stuff that comes with it like Terms of Service etcetera. If they violate that agreement, then you have certain legal rights. Most say that they can terminate your service but I don't know of any that say they report you to anyone. Second, if the ISP can be sued or held liabel for their clients downloading of illegal programs then they have the right to protect themselves. But as like with a doctor, lawyer or any PROFESSIONAL service they have to follow the law. If it requires a supeona to get the information, then the information should not be volunteered. It protects you, them and makes it easier for the Prosecutors office to not have the information thrown out of court on illegalities - like search and seizure laws.
I think that any company that gives up your personal information including like these financial institutions who have given away your credit information to unauthorized persons in violation of their Customer Privacy rules or any Federal or State laws should be held accountable as well. They should be charged SEVERE fines for EACH violation - say $10,000 per file/name. Then they will be more careful with the information they are intrusted with protecting.
Lastly, your friend was also in violation of the laws and deserves what she gets. She should count herself lucky just to pay a fine and no jail time. She can't plead the Martha Stewart Defense, lol.
You talk about Privacy Statements. Does every postage stamp you buy come with a privacy statement? What is your phone company's privacy statement?
Let me ask you this; If a court order is required to tap a person's telephone, or even intercept a person's mail, then why should we accept that our rights to privacy are forfeit only because the medium we use to communicate makes it easier to monitor and record our actions and information we send and receive?
Our internet activity is not public knowledge and must be protected as our telephone conversations and mail.
As far as the person downloading music being:
"in violation of the laws and deserves what she gets. She should count herself lucky just to pay a fine and no jail time. She can't plead the Martha Stewart Defense, lol."
she has not had the benefit of a trial or hearing or even present any kind defense. The RIAA judged her guilty without due process of the law.
If the RIAA wants to collect revenue for stolen music, then let them do it legally.
That's just like Comcast to butt in where they are not needed or wanted. Those of you who think Comcast is justified, think about the boss being told every time you go home with a pen from the job, your wife being told every time you kissed another woman (innocently or not),ect, ect.
Thank God I vowed to never use Comcast again and subscribed to Direct TV. No more infomercials only after 1am and no more brainwashing with conservative viewpoints.
It is a little thing called TRUST that is SUPPOSED to be upheld. Most ISPs make the user sign their name at the bottom of the non-disclosure privacy statement, in which states that they cannot or will not sell or disclose PRIVATE information about their customers or clients. It's like having Bank Of America list all of their clients contact information, just because someone asked them to. This would eventually follow suit with other companies. There are laws, and most especially, trusts. If customers lose their trusts in service companies, those companies will eventually lose their customers. If the company has enough cajones or any at all, they should be tough enough to stand up against lawyers and uphold their policies or it may be more trouble for them.
When way back Comcast used to be ATTBI I was very happy with the service but within the last few years they have gone through severe changes. They have taken what they call dead info. from their clients and they are now selling it or sharing it either way is DEAD WRONG!!! While Comcast was in it's "baby" stages and severing from ATTBI I had no problem with their service, but, since they have gone full blown out "FOR" themselves they have added junk that even the best of filters will not catch nor destroy!!! Enough letters and E-Mail will or at least should get them to pull their perverbial heads out of their A_SES!! Let us let them know we are the ones that have made their business for them and we won't stand for it anymore!!
E-mails and letters won't make any diffrence . Only Boycotts will make a diffrence .
Breaking the law on the Internet should be punished as if it was taken from a local store. Kudu's for Comcast.
Downloaded music leaves the owner without royalties; maybe the person who violated the law should have funds from his payroll check deducted, and jail time.
According to thier own privicy statement they shouldn't have divulged personal info without a court order. Since they volintarally did they are violating their own policy. To give this info to a lawyer because they ask is silly.
Yes the woman should have to pay for the music she down loaded that she did not already have payed royalitys on .And yes she probaly commited a crime .That however is still in despute apparently . But thats why we have courts . So all the evedance can be presented by bouth sides and a non-partisan judge and jury can make an impartishal desision .But the recording industry is trying to take away her day in court and turned it over to a collection agency without a court ruleing .
Comcast did not follow the law. They broke the law too , by viloating there own written contract .They to are chriminals and they to should be held responcable for there actions.This is a country of laws ;not of men ,not of lawyers , and NOT of companys ! All who break the law are suppost to be held EQUALLY responcable under the law .
Wishing Kudu's to a person or company who blatenly broke there written contract after reseving there payments .Thats in my book is called theif by deseption . I'm afraid my wishs to comcast isn't Kudu's . When anyones rights are violated ,then all Americans rights have been violated . Didn't you learn that from American history?
If comcast got cought giving away this womans personal information . It raises the question " how many times have they given away other peoples PI and not got cought ? " I just thank the fates I don"t use comcast and now thanks to this useful warning I never will.They are balcklisted by me . and I'll be sure to pass on this warning to all who ask my advice.
If you like the Big Brother heavy handed actions the recording industry and comcast have displayed in this case move to a country that has and encourages that type of goverment say Libia ,Iran ,China , or most of the former states of the former Solvet Union ; you have a lot of options . You'll fit right in and if you have money they will welcome you .
For better or worse, our behavior on the internet is an open book to anyone interested in reading it.
Moral: Behave as if the whole world were watching.
If you saw somebody commit a crime while at work, you are morally obligated to report it. I also completely agree with it being both illegal and wrong to download things for free as that removes the motivation for people to create for public consumption and I do not want to be exposed to the crap that would result if the people who are good at creating aren't because they need to hold another job to make money to survive.
I also disagree with the RIAA because I feel they are using laws to stop the development of revenue streams that THEY cannot control.
But remember that 'we have the right to bear arms' not because if it was illegal only criminals have guns, but because if it was illegal only the Government would. Our country is based on the assumption that the individual's rights cannot be abused by the government. That is why you are innocent until proven guilty and there are laws governing how and when the government can get personal information. By having a company freely give this information, especially to a third party company and not the authorities is really scary.
We need to have laws and procedures in place that protect the individual's rights as well as the societies. It is a balancing act that could destroy this country if it goes too far in either direction. think of Anarchy vs. Hitler.
Maybe what we need to concentrate on is re-education of individuals so that the realize the potential damage 'free' can cause. And as consumers we need to let the RIAA know that we will not tolerate selfish acts on thier part. If everybody just stopped buying or downloading media (legally or illegally) for a day a week or month, the RIAA would change its tune.
Yes as individuals if we see a crime committed we are not only morally but also legally required to report it....
To whom? The answer is a law enforcement agency, and then it is their responsibility to aprehend and prosecute the criminal. Then you who, reported the crime, is only a witness.
Comcast did not report a crime to a law enforcement agency. (At least, the last time I looked, I didn't see the RIAA carrying badges and guns.) No law enforcement agency prosecuted the case against the individual who allegedly downloaded music, and no court of law found this person guilty of stealing music.
There's nothing fuzzy here. Our rights to privacy are rapidly disappearing as affordable gas prices.
I believe it wasn't even the RIAA who inquired, but, a collection agency acting on behalf of the RIAA ... therefore thrice removed from being any sort of "legal process".
I think maybe I'll start writing letters to Comcast asking for thier customers info, indicating that I believe that thier customer is engaged in an illegal activity, and then contact the customer indicating that Comcast had supplied me thier info.
I don't think it would be too long afterward that Comcast would be a little more diligent with private information.
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