calibro saidhow do you know your credit card company isn't selling your purchasing habits to marketers or your social security number to the black market? what people do and what people can legally do are two different things and that has nothing to do with the internet.
Agree with this distinction. At the same time, I think the Internet provides additional opportunities for people to do illegal things with your info, as well as make it easier. So that your Internet-based personal data is more vulnerable to both accidental & deliberate privacy violations than other traditional forms of data storage.
In this XY case, I wonder about the legal issues. You wrote that the FTC used the issue of TOS as a basis for it being illegal. I presume that refers to a standard statement that personal information with not be shared with third parties without permission.
But, what happens after bankruptcy? Do such obligations to subscribers cease, just as original obligations to creditors & investors also cease? Here's what the firm representing the trustee said: "Any property listed on the debtor's bankruptcy petition is property of the bankruptcy estate..."
It seems when the former Editor/Owner filed for bankruptcy, in addition to listing a personal car worth $1500 (!) he included this data, which the court accepted. Now it may be the estate's property, and is the estate bound by the former TOS? And 2 of the company's investors seem to think that they are as entitled to this data as much as the Editor was to declare it as an asset. And if that's not complex enough, did I read something that even disputes whether the court has really even appointed a trustee at all??? Ugh...
Interesting questions. Legal issues are rarely ever cut-and-dried in the US, and the whole thing may turn on some obscure point of law that has little or nothing to do with the core matter of Internet privacy.