On Tue, May 20, 2014 at 9:33 AM, Cristian Consonni
<kikkocristian(a)gmail.com>wrote;wrote:
2014-05-20 18:14 GMT+02:00 Luis Villa
<lvilla(a)wikimedia.org>rg>:
On Tue, May 20, 2014 at 8:36 AM, Pete Forsyth
<peteforsyth(a)gmail.com>
wrote:
(2)
should not be judged poorly for not having had the right opportunity
to
defend
users in court the way the report defines it.
On the second point: we regularly defend user privacy and we regularly
defend users in court. Because of this, we have never taken a privacy
issue
to court - so far, we have always been able to
talk them out of it or
convince them it is not worth the trouble before it gets that far. We are
successful at this because (1) we have a very good record of winning
court
cases, so they do not have a good chance of
winning and (2) we collect so
little user information, and we delete it quickly, so we are usually able
to convince them that they won't get anything useful from us even if they
did win.
So this case:
https://blog.wikimedia.org/2014/02/14/wikimedia-foundation-supports-wikiped…
and more in general of this program:
https://meta.wikimedia.org/wiki/Legal_and_Community_Advocacy/Legal_Fees_Ass…
are not rated because they are not strictly privacy-related?
That's right. In the Greek case, Diu's identity was already publicly known
when the case was filed - there was no privacy aspect in the actual legal
case. We were not the ones who disclosed his identity, so we did not have
an opportunity to fight for his privacy.
To be clear, Legal Fees Assistance Program could apply to a privacy case if
one came up that met the other requirements. But we can't get the star just
for promising to fight for it - we have to fight for it *in court* to get
the star, and we just haven't had that opportunity yet.
As EFF put it:
*Fight for users privacy in courts.* Wikimedia does not earn credit in this
category. However, it should be noted that many companies never have an
opportunity to challenge a government data request. ... Wikimedia’s lack of
star in this category should not be seen as a demerit.
Hope that clarifies-
Luis
--
Luis Villa
Deputy General Counsel
Wikimedia Foundation
415.839.6885 ext. 6810
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