[Foundation-l] check user...
Fred Bauder
fredbaud at waterwiki.info
Sun Apr 1 16:59:24 UTC 2007
>-----Original Message-----
>From: wiki_tomos at inter7.jp [mailto:wiki_tomos at inter7.jp]
>Sent: Saturday, March 31, 2007 11:33 PM
>To: foundation-l at lists.wikimedia.org
>Subject: [Foundation-l] check user...
>
>I think check user generates certain legal risk to the Foundation especially
>when he is a minor.
>
>Wikimedia Foundation has a privacy policy. It seems the Foundation is
>expressively promising that certain information will not be released
>to the third party unless specific conditions are met.
>
>And here, "third party release" does not include, at least the
>way I read the privacy policy, release of personal information
>from Wikimedia Foundation to a check user. It suggests that,
>at least in the context of privacy policy, the check users are
>insiders for the Foundation, not a third party.
>
>This, in turn, means that the Foundation has a legal responsibility
>to make check users to understand and follow its privacy policy.
>
>So when check user breaks the promise - i.e. violate the Foundation's
>privacy policy, one may question if the Foundation is partly responsible
>for the violation.
>
>If a check user is legally a minor, he may be able to legally get away with
>breaking promises he has made, including the compliance with privacy policy.
>I am not sure if minors really are less reliable than adults, but if they
>are equally unreliable, then the Foundation is more responsible for minors'
>violation of privacy policy than adults.
>
>So, not because minors are less reliable, but because adults can bear
>more legal risk when they abuse their check user privilege, it is legally
>safer for the Foundation to limit the check user to adults.
>
>How significant this difference? That is perhaps open to debate.
>
>I personally think that the better course of action to mitigate the
>legal risk is to treat check users as outsiders in the privacy policy.
>
>I am not a lawyer, so be reminded that my reasoning could be flawed..
>
>
>Best,
>
>
>Tomos
Your legal reasoning is fine, although a parent could sign off on the legal liability. I think our problem is not with allowing a 15 year old to do responsible work, but with the understandable skepticism we will face if we ever have to explain it to a court or in the public press.
Fred
More information about the foundation-l
mailing list