[WikiEN-l] Re: Arbitration Committee members granted checkuser tool

[Fred Bauder]

I don't think there is any need to ask a lawyer, regardless of  
whether a legal cause of action would exist, anyone  misusing the  
checkuser function is responsible for foreseeable damage whether or  
not there is any legal forum available or any practical way to seek  
redress. This especially applies to those logging in from countries  
with inadequate practical guarantees of personal liberty. One might  
be able to raise a legal defense, but there is no moral defense.

Fred

On Nov 14, 2005, at 11:13 AM, Anthere wrote:

> Sean Barrett wrote:
>
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA1
>> Chris Jenkinson stated for the record:
>>
>>> Kelly Martin wrote:
>>>
>>>
>>>
>>>> On 11/13/05, Chris Jenkinson <chris at starglade.org> wrote:
>>>>
>>>>
>>>>
>>>>> What would happen if either of you (Kelly or Sean) disclosed  
>>>>> private
>>>>> information into the public domain? Aside from ethical  
>>>>> concerns, what
>>>>> prevents you from doing this?
>>>>>
>>>>
>>>>
>>>>
>>>> At work or on Wikipedia?
>>>>
>>>> At work, I would risk being fired, sued, and possibly prosecuted.
>>>>
>>>> On Wikipedia?  It would be wrong.  It would also be breaking  
>>>> several
>>>> promises I've made.
>>>>
>>>
>>>
>>> As both of you would face legal recourse if you were to divulge  
>>> private
>>> information in your day jobs, what do you think the opposition to  
>>> having
>>> a comparable legal agreement between the Foundation and people with
>>> checkuser is due to, given that the situation is reasonably similar?
>>>
>> The situation is not reasonably similar; it's not even remotely  
>> similar.
>> Disclosure of the information I handle at work would immediately and
>> directly endanger lives and damage national security, and I am rather
>> well paid for accepting the responsibility.
>> Disclosure of a Wikipedian's IP address can only lead to harm through
>> tortuous chains of unlikely happenstance, and the privilege of
>> contributing to Wikipedia's success is not sufficient compensation to
>> persuade me to accept the possibility of a prison term.
>>
>
> In case you are not aware of it, Yahoo recently helped the chinese  
> government to uncover a chinese "dissident" and this lead the guy  
> to prison. Have no doubts that some of our participants, in  
> particular those from certain regions, or those participating to  
> wikinews, are at the same amount of risk. *You* could yourself  
> directly endanger a life in giving private information. I hope that  
> in spite that you do not receive a sufficient financial  
> compensation, you will be careful. I think feeling less  
> responsability due to the fact you are not paid is not a very good  
> approach of the tool.
>
> Aside from this point, the question of what would happen if Sean or  
> Kelly or anyone with the tool would release private information to  
> the public is a good question.
>
> They would lose access to the tool certainly. Very likely, they  
> would lose position at the arbcom. Aside from this, I suppose that  
> anyone having private information released by a person without a  
> good reason (such as protecting our network) have the opportunity  
> to sue Sean, Kelly or whoever on top of suing the Foundation.
>
> Maybe a question to ask a lawyer ?
>
> Ant
>
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