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FTC Warns Site Not To Sell Personal Data

kdawson posted more than 3 years ago | from the never-means-never dept.

Privacy 120

itwbennett writes "The US Federal Trade Commission has warned two people associated with a now-defunct magazine and Web site for gay teens and young men that they would violate the privacy promises the publication made to subscribers by selling their personal information during a bankruptcy proceeding. The FTC, in a letter sent earlier this month, also suggested that the owners of XY Magazine and XY.com would be violating the privacy standards the company had in place before shutting down if they used the subscribers' personal information in a relaunch of the magazine or website. The personal information is listed as part of the debtor's estate in a New Jersey bankruptcy proceeding for Peter Ian Cummings, editor and founder of the magazine. Before the magazine's demise, many of the subscribers lived at home with parents."

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Mr Cummings (4, Funny)

Anonymous Coward | more than 3 years ago | (#32884726)

Is that a stage name ;-)?

less offtopic than usual (-1, Troll)

Anonymous Coward | more than 3 years ago | (#32884764)

It has come to my attention that the entire Linux community is a hotbed of so called 'alternative sexuality', which includes anything from hedonistic orgies to homosexuality to paedophilia.

What better way of demonstrating this than by looking at the hidden messages contained within the names of some of Linux's most outspoken advocates:

  • Linus Torvalds [microsoft.com] is an anagram of slit anus or VD 'L,' clearly referring to himself by the first initial.
  • Richard M. Stallman [archive.org], spokespervert for the Gaysex's Not Unusual 'movement' is an anagram of mans cram thrill ad.
  • Alan Cox [microsoft.com] is barely an anagram of anal cox which is just so filthy and unchristian it unnerves me.

I'm sure that Eric S. Raymond, composer of the satanic homosexual [goatse.fr] propaganda diatribe The Cathedral and the Bizarre, is probably an anagram of something queer, but we don't need to look that far as we know he's always shoving a gun up some poor little boy's rectum. Update: Eric S. Raymond is actually an anagram for secondary rim and cord in my arse. It just goes to show you that he is indeed queer.

Update the Second: It is also documented that Evil Sicko Gaymond is responsible for a nauseating piece of code called Fetchmail [microsoft.com], which is obviously sinister sodomite slang for 'Felch Male' -- a disgusting practise. For those not in the know, 'felching' is the act performed by two perverts wherein one sucks their own post-coital ejaculate out of the other's rectum. In fact, it appears that the dirty Linux faggots set out to undermine the good Republican institution of e-mail, turning it into 'e-male.'

As far as Richard 'Master' Stallman goes, that filthy fudge-packer was actually quoted [salon.com] on leftist commie propaganda site Salon.com as saying the following: 'I've been resistant to the pressure to conform in any circumstance,' he says. 'It's about being able to question conventional wisdom,' he asserts. 'I believe in love, but not monogamy,' he says plainly.

And this isn't a made up troll bullshit either! He actually stated this tripe, which makes it obvious that he is trying to politely say that he's a flaming homo [comp-u-geek.net] slut [rotten.com]!

Speaking about 'flaming,' who better to point out as a filthy chutney ferret than Slashdot's very own self-confessed pederast Jon Katz. Although an obvious deviant anagram cannot be found from his name, he has already confessed, nay boasted of the homosexual [goatse.fr] perversion of corrupting the innocence of young children [slashdot.org]. To quote from the article linked:

'I've got a rare kidney disease,' I told her. 'I have to go to the bathroom a lot. You can come with me if you want, but it takes a while. Is that okay with you? Do you want a note from my doctor?'

Is this why you were touching your penis [rotten.com] in the cinema, Jon? And letting the other boys touch it too?

We should also point out that Jon Katz refers to himself as 'Slashdot's resident Gasbag.' Is there any more doubt? For those fortunate few who aren't aware of the list of homosexual [goatse.fr] terminology found inside the Linux 'Sauce Code,' a 'Gasbag' is a pervert who gains sexual gratification from having a thin straw inserted into his urethra (or to use the common parlance, 'piss-pipe'), then his homosexual [goatse.fr] lover blows firmly down the straw to inflate his scrotum. This is, of course, when he's not busy violating the dignity and copyright of posters to Slashdot by gathering together their postings and publishing them en masse to further his twisted and manipulative journalistic agenda.

Sick, disgusting antichristian perverts, the lot of them.

In addition, many of the Linux distributions (a 'distribution' is the most common way to spread the faggots' wares) are run by faggot groups. The Slackware [redhat.com] distro is named after the 'Slack-wear' fags wear to allow easy access to the anus for sexual purposes. Furthermore, Slackware is a close anagram of claw arse, a reference to the homosexual [goatse.fr] practise of anal fisting. The Mandrake [slackware.com] product is run by a group of French faggot satanists, and is named after the faggot nickname for the vibrator. It was also chosen because it is an anagram for dark amen and ram naked, which is what they do.

Another 'distro,' (abbrieviated as such because it sounds a bit like 'Disco,' which is where homosexuals [goatse.fr] preyed on young boys in the 1970s), is Debian, [mandrake.com] an anagram of in a bed, which could be considered innocent enough (after all, a bed is both where we sleep and pray), until we realise what other names Debian uses to describe their foul wares. 'Woody' is obvious enough, being a term for the erect male penis [rotten.com], glistening with pre-cum. But far sicker is the phrase 'Frozen Potato' that they use. This filthy term, again found in the secret homosexual [goatse.fr] 'Sauce Code,' refers to the solo homosexual [goatse.fr] practice of defecating into a clear polythene bag, shaping the turd into a crude approximation of the male phallus, then leaving it in the freezer overnight until it becomes solid. The practitioner then proceeds to push the frozen 'potato' up his own rectum, squeezing it in and out until his tight young balls erupt in a screaming orgasm.

And Red Hat [debian.org] is secret homo [comp-u-geek.net] slang for the tip of a penis [rotten.com] that is soaked in blood from a freshly violated underage ringpiece.

The fags have even invented special tools to aid their faggotry! For example, the 'supermount' tool was devised to allow deeper penetration, which is good for fags because it gives more pressure on the prostate gland. 'Automount' is used, on the other hand, because Linux users are all fat and gay, and need to mount each other [comp-u-geek.net] automatically.

The depths of their depravity can be seen in their use of 'mount points.' These are, plainly speaking, the different points of penetration. The main one is obviously/anus, but there are others. Militant fags even say 'there is no/opt mount point' because for these dirty perverts faggotry is not optional but a way of life.

More evidence is in the fact that Linux users say how much they love `man`, even going so far as to say that all new Linux users (who are in fact just innocent heterosexuals indoctrinated by the gay propaganda) should try out `man`. In no other system do users boast of their frequent recourse to a man.

Other areas of the system also show Linux's inherent gayness. For example, people are often told of the 'FAQ,' but how many innocent heterosexual Windows [amiga.com] users know what this actually means. The answer is shocking: Faggot Anal Quest: the voyage of discovery for newly converted fags!

Even the title 'Slashdot [geekizoid.com]' originally referred to a homosexual [goatse.fr] practice. Slashdot [kuro5hin.org] of course refers to the popular gay practice of blood-letting. The Slashbots, of course are those super-zealous homosexuals [goatse.fr] who take this perversion to its extreme by ripping open their anuses, as seen on the site most popular with Slashdot users, the depraved work of Satan, http://www.eff.org/ [eff.org].

The editors of Slashdot [slashduh.org] also have homosexual [goatse.fr] names: 'Hemos' is obvious in itself, being one vowel away from 'Homos.' But even more sickening is 'Commander Taco' which sounds a bit like 'Commode in Taco,' filthy gay slang for a pair of spreadeagled buttocks that are caked with excrement [pboy.com]. (The best form of lubrication, they insist.) Sometimes, these 'Taco Commodes' have special 'Salsa Sauce' (blood from a ruptured rectum) and 'Cheese' (rancid flakes of penis [rotten.com] discharge) toppings. And to make it even worse, Slashdot [notslashdot.org] runs on Apache!

The Apache [microsoft.com] server, whose use among fags is as prevalent as AIDS, is named after homosexual [goatse.fr] activity -- as everyone knows, popular faggot band, the Village People, featured an Apache Indian, and it is for him that this gay program is named.

And that's not forgetting the use of patches in the Linux fag world -- patches are used to make the anus accessible for repeated anal sex even after its rupture by a session of fisting.

To summarise: Linux is gay. 'Slash -- Dot' is the graphical description of the space between a young boy's scrotum and anus. And BeOS [apple.com] is for hermaphrodites and disabled 'stumpers.'

FEEDBACK

What worries me is how much you know about what gay people do. I'm scared I actually read this whole thing. I think this post is a good example of the negative effects of Internet usage on people. This person obviously has no social life anymore and had to result to writing something as stupid as this. And actually take the time to do it too. Although... I think it was satire.. blah.. it's early. -- Anonymous Coward, Slashdot

Well, the only reason I know all about this is because I had the misfortune to read the Linux 'Sauce code' once. Although publicised as the computer code needed to get Linux up and running on a computer (and haven't you always been worried about the phrase 'Monolithic Kernel'?), this foul document is actually a detailed and graphic description of every conceivable degrading perversion known to the human race, as well as a few of the major animal species. It has shocked and disturbed me, to the point of needing to shock and disturb the common man to warn them of the impending homo [comp-u-geek.net]-calypse which threatens to engulf our planet.

You must work for the government. Trying to post the most obscene stuff in hopes that slashdot won't be able to continue or something, due to legal woes. If i ever see your ugly face, i'm going to stick my fireplace poker up your ass, after it's nice and hot, to weld shut that nasty gaping hole of yours. -- Anonymous Coward, Slashdot

Doesn't it give you a hard-on to imagine your thick strong poker ramming it's way up my most sacred of sphincters? You're beyond help, my friend, as the only thing you can imagine is the foul penetrative violation of another man. Are you sure you're not Eric Raymond? The government, being populated by limp-wristed liberals, could never stem the sickening tide of homosexual [goatse.fr] child molesting Linux advocacy. Hell, they've given NAMBLA free reign for years!

you really should post this logged in. i wish i could remember jebus's password, cuz i'd give it to you. -- mighty jebus [slashdot.org], Slashdot

Thank you for your kind words of support. However, this document shall only ever be posted anonymously. This is because the 'Open Sauce' movement is a sham, proposing homoerotic cults of hero worshipping in the name of freedom. I speak for the common man. For any man who prefers the warm, enveloping velvet folds of a woman's vagina [bodysnatchers.co.uk] to the tight puckered ringpiece of a child. These men, being common, decent folk, don't have a say in the political hypocrisy that is Slashdot culture. I am the unknown liberator [hitler.org].

ROLF LAMO i hate linux FAGGOTS -- Anonymous Coward, Slashdot

We shouldn't hate them, we should pity them for the misguided fools they are... Fanatical Linux zeal-outs need to be herded into camps for re-education and subsequent rehabilitation into normal heterosexual society. This re-education shall be achieved by forcing them to watch repeats of Baywatch until the very mention of Pamela Anderson [rotten.com] causes them to fill their pants with healthy heterosexual jism [zillabunny.com].

Actually, that's not at all how scrotal inflation works. I understand it involves injecting sterile saline solution into the scrotum. I've never tried this, but you can read how to do it safely in case you're interested. (Before you moderate this down, ask yourself honestly -- who are the real crazies -- people who do scrotal inflation, or people who pay $1000+ for a game console?) -- double_h [slashdot.org], Slashdot

Well, it just goes to show that even the holy Linux 'sauce code' is riddled with bugs that need fixing. (The irony of Jon Katz not even being able to inflate his scrotum correctly has not been lost on me.) The Linux pervert elite already acknowledge this, with their queer slogan: 'Given enough arms, all rectums are shallow.' And anyway, the PS2 [xbox.com] sucks major cock and isn't worth the money. Intellivision forever!

dude did u used to post on msnbc's nt bulletin board now that u are doing anti-gay posts u also need to start in with anti-black stuff too c u in church -- Anonymous Coward, Slashdot

For one thing, whilst Linux is a cavalcade of queer propaganda masquerading as the future of computing, NT [linux.com] is used by people who think nothing better of encasing their genitals in quick setting plaster then going to see a really dirty porno film, enjoying the restriction enforced onto them. Remember, a wasted arousal is a sin in the eyes of the Catholic church [atheism.org]. Clearly, the only god-fearing Christian operating system in existence is CP/M -- The Christian Program Monitor. All computer users should immediately ask their local pastor to install this fine OS onto their systems. It is the only route to salvation.

Secondly, this message is for every man. Computers know no colour. Not only that, but one of the finest websites in the world is maintained by a Black Man [stileproject.com] . Now fuck off you racist donkey felcher.

And don't forget that slashdot was written in Perl, which is just too close to 'Pearl Necklace' for comfort.... oh wait; that's something all you heterosexuals do.... I can't help but wonder how much faster the trolls could do First-Posts on this site if it were redone in PHP... I could hand-type dynamic HTML pages faster than Perl can do them. -- phee [slashdot.org], Slashdot

Although there is nothing unholy about the fine heterosexual act of ejaculating between a woman's breasts, squirting one's load up towards her neck and chin area, it should be noted that Perl [python.org] (standing for Pansies Entering Rectums Locally) is also close to 'Pearl Monocle,' 'Pearl Nosering,' and the ubiquitous 'Pearl Enema.'

One scary thing about Perl [sun.com] is that it contains hidden homosexual [goatse.fr] messages. Take the following code: LWP::Simple -- It looks innocuous enough, doesn't it? But look at the line closely: There are two colons next to each other! As Larry 'Balls to the' Wall would openly admit in the Perl Documentation, Perl was designed from the ground up to indoctrinate it's programmers into performing unnatural sexual acts -- having two colons so closely together is clearly a reference to the perverse sickening act of 'colon kissing,' whereby two homosexual [goatse.fr] queers spread their buttocks wide, pressing their filthy torn sphincters together. They then share small round objects like marbles or golfballs by passing them from one rectum to another using muscle contraction alone. This is also referred to in programming 'circles' as 'Parameter Passing.'

And PHP [perl.org] stands for Perverted Homosexual Penetration. Didn't you know?

Thank you for your valuable input on this. I am sure you will be never forgotten. BTW: Did I mention that this could be useful in terraforming Mars? Mars rulaa. -- Eimernase [slashdot.org], Slashdot

Well, I don't know about terraforming Mars, but I do know that homosexual [goatse.fr] Linux Advocates have been probing Uranus for years.

That's inspiring. Keep up the good work, AC. May God in his wisdom grant you the strength to bring the plain honest truth to this community, and make it pure again. Yours, Cerberus. -- Anonymous Coward, Slashdot

*sniff* That brings a tear to my eye. Thank you once more for your kind support. I have taken faith in the knowledge that I am doing the Good Lord [atheism.org]'s work, but it is encouraging to know that I am helping out the common man here.

However, I should be cautious about revealing your name 'Cerberus' on such a filthy den of depravity as Slashdot. It is a well known fact that the 'Kerberos' documentation from Microsoft is a detailed manual describing, in intimate, exacting detail, how to sexually penetrate a variety of unwilling canine animals; be they domesticated, wild, or mythical. Slashdot posters have taken great pleasure in illegally spreading this documentation far and wide, treating it as an 'extension' to the Linux 'Sauce Code,' for the sake of 'interoperability.' (The slang term they use for nonconsensual intercourse -- their favourite kind.)

In fact, sick twisted Linux deviants are known to have LAN parties, (Love of Anal Naughtiness, needless to say.), wherein they entice a stray dog, known as the 'Samba Mount,' into their homes. Up to four of these filth-sodden blasphemers against nature take turns to plunge their erect, throbbing, uncircumcised members, conkers-deep, into the rectum, mouth, and other fleshy orifices of the poor animal. Eventually, the 'Samba Mount' collapses due to 'overload,' and needs to be 'rebooted.' (i.e., kicked out into the street, and left to fend for itself.) Many Linux users boast about their 'uptime' in such situations.

Inspiring stuff! If only all trolls were this quality! -- Anonymous Coward, Slashdot

If only indeed. You can help our brave cause by moderating this message up as often as possible. I recommend '+1, Underrated,' as that will protect your precious Karma in Metamoderation [slashdot.org]. Only then can we break through the glass ceiling of Homosexual Slashdot Culture. Is it any wonder that the new version of Slashcode has been christened 'Bender'???

If we can get just one of these postings up to at least '+1,' then it will be archived forever! Others will learn of our struggle, and join with us in our battle for freedom!

It's pathetic you've spent so much time writing this. -- Anonymous Coward, Slashdot

I am compelled to document the foulness and carnal depravity [catholic.net] that is Linux, in order that we may prepare ourselves for the great holy war that is to follow. It is my solemn duty to peel back the foreskin of ignorance and apply the wire brush of enlightenment.

As with any great open-source project, you need someone asking this question, so I'll do it. When the hell is version 2.0 going to be ready?!?! -- Anonymous Coward, Slashdot

I could make an arrogant, childish comment along the lines of 'Every time someone asks for 2.0, I won't release it for another 24 hours,' but the truth of the matter is that I'm quite nervous of releasing a 'number two,' as I can guarantee some filthy shit-slurping Linux pervert would want to suck it straight out of my anus before I've even had chance to wipe.

I desperately want to suck your monolithic kernel, you sexy hunk, you. -- Anonymous Coward, Slashdot

I sincerely hope you're Natalie Portman [archive.org].

Dude, nothing on slashdot larger than 3 paragraphs is worth reading. Try to distill the message, whatever it was, and maybe I'll read it. As it is, I have to much open source software to write to waste even 10 seconds of precious time. 10 seconds is all its gonna take M$ to whoop Linux's ass. Vigilence is the price of Free (as in libre -- from the fine, frou frou French language) Software. Hack on fellow geeks, and remember: Friday is Bouillabaisse day except for heathens who do not believe that Jesus died for their sins. Those godless, oil drench, bearded sexist clowns can pull grits from their pantaloons (another fine, fine French word) and eat that. Anyway, try to keep your message focused and concise. For concision is the soul of derision. Way. -- Anonymous Coward, Slashdot

What the fuck?

I've read your gay conspiracy post version 1.3.0 and I must say I'm impressed. In particular, I appreciate how you have managed to squeeze in a healthy dose of the latent homosexuality you gay-bashing homos [comp-u-geek.net] tend to be full of. Thank you again. -- Anonymous Coward, Slashdot

Well bugger me!

ooooh honey. how insecure are you!!! wann a little massage from deare bruci. love you -- Anonymous Coward, Slashdot

Fuck right off!

IMPORTANT: This message needs to be heard (Not HURD [linux.org], which is an acronym for 'Huge Unclean Rectal Dilator') across the whole community, so it has been released into the Public Domain [icopyright.com]. You know, that licence that we all had before those homoerotic crypto-fascists came out with the GPL [apple.com] (Gay Penetration License) that is no more than an excuse to see who's got the biggest feces-encrusted [rotten.com] cock. I would have put this up on Freshmeat [adultmember.com], but that name is known to be a euphemism for the tight rump of a young boy.

Come to think of it, the whole concept of 'Source Control' unnerves me, because it sounds a bit like 'Sauce Control,' which is a description of the homosexual [goatse.fr] practice of holding the base of the cock shaft tightly upon the point of ejaculation, thus causing a build up of semenal fluid that is only released upon entry into an incision made into the base of the receiver's scrotum. And 'Open Sauce' is the act of ejaculating into another mans face or perhaps a biscuit to be shared later. Obviously, 'Closed Sauce' is the only Christian thing to do, as evidenced by the fact that it is what Cathedrals are all about.

Contributors: (although not to the eternal game of 'soggy biscuit' that open 'sauce' development has become) Anonymous Coward, Anonymous Coward, phee, Anonymous Coward, mighty jebus, Anonymous Coward, Anonymous Coward, double_h, Anonymous Coward, Eimernase, Anonymous Coward, Anonymous Coward, Anonymous Coward, Anonymous Coward, Anonymous Coward, Anonymous Coward, Anonymous Coward, Anonymous Coward. Further contributions are welcome.

Current changes: This version sent to FreeWIPO [slashdot.org] by 'Bring BackATV' as plain text. Reformatted everything, added all links back in (that we could match from the previous version), many new ones (Slashbot bait links). Even more spelling fixed. Who wrote this thing, CmdrTaco himself?

Previous changes: Yet more changes added. Spelling fixed. Feedback added. Explanation of 'distro' system. 'Mount Point' syntax described. More filth regarding `man` and Slashdot. Yet more fucking spelling fixed. 'Fetchmail' uncovered further. More Slashbot baiting. Apache exposed. Distribution licence at foot of document.

ANUX -- A full Linux distribution... Up your ass!

Re:Mr Cummings (3, Informative)

cappp (1822388) | more than 3 years ago | (#32884904)

To put the ruling into scale:

The magazine, published from 1996 to 2007, collected the names and street addresses of about 100,000 subscribers and photographs and articles submitted by about 3,000 former readers, the FTC letter says. In addition, XY.com, which closed in 2009, collected the names, street addresses, e-mail addresses, personal photos and online personal profiles of between 500,000 and 1 million users, the letter said.

. The original FTC letter [ftc.gov] also makes for an interesting read. They seem to rely both upon the original privacy statements and a broader sense of "fair play" in making their judgement.

In this situation, however, the continued use of the XY PI, even by the existing owner, would not necessarily be consistent with the original purpose for which the data was provided. Indeed, due to the nature of the information, the passage of time, and the closure of the magazine and website in 2007 and 2009, respectively, the continued use of the data may pose privacy risks not reasonably contemplated by subscribers when they provided the data, and not consistent with their course of dealing with the company.

Re:Mr Cummings (-1, Offtopic)

Anonymous Coward | more than 3 years ago | (#32885156)

That's an interesting set of quotes you supplied, but how is your reply related to the statement

Is that a stage name ;-)?

I'm not sure, but if I was a cynical person I would say that you are just a Karma whore who is intentionally and arrogantly positioning yourself near the top of the lot.

If I had mod points (well, I don't have an account) I would mod you Off-Topic because you ARE in fact off-topic to the thread, and because of your attitude and behavior in trying to make your comments more visible than other people's comments that may be more relevant to the thread, the topic and/or the article.

Re:Mr Cummings (0)

Anonymous Coward | more than 3 years ago | (#32885990)

Dude, it's not working.

Re:Mr Cummings (-1, Offtopic)

mrmeval (662166) | more than 3 years ago | (#32884966)

No that's not right it's Mr. Swallows!

Oh btw, armed and aware gay people tend not to be bashed.

http://pinkpistols.org/ [pinkpistols.org]

I may have pseudo-conservative/neo-libertarian leanings but I won't abide denying any citizen the right to prevent being assaulted whether it is by individuals or by state sanctioned restrictions against self defense. I will actively oppose such evil whether such opposition is legal or illegal.

I will happily cheer their rat jamming of potential bashers.
http://www.youtube.com/watch?v=_vn058zCFBc [youtube.com]

Re:Mr Cummings (2, Interesting)

Hognoxious (631665) | more than 3 years ago | (#32885290)

Oh btw, armed and aware gay people tend not to be bashed.

http://pinkpistols.org/ [pinkpistols.org]

Does their logo look like a vulva, or is it just me?

Re:Mr Cummings (0)

Anonymous Coward | more than 3 years ago | (#32885940)

Vagina, Magina, they all look the same as you pull something out of them :D

Re:Mr Cummings (0)

Anonymous Coward | more than 3 years ago | (#32886938)

>> or is it just me?

How should I know if you look like a vulva?

Re:Mr Cummings (1, Flamebait)

Runaway1956 (1322357) | more than 3 years ago | (#32887822)

Kinda funny, really. I'm opposed to most gay rights bullshit - especially marriage. But - I agree with the FTC. Sensitive information of this nature should NOT be divulged, period. No qualifiers, no quantifiers, nothing. Just don't do it.

As for the pink pistols - it's just to gay to consider. Peter puffers with pistols, ROFLMAO Oh well - seriously - if they are American citizens, OF COURSE they have the right to keep and bear arms, and to defend themselves from assholes. But, I'll be laughing all day. Pistol packin' peter puffers. Oh god. I need to share that page with everyone I know.

Re:Mr Cummings (0)

Anonymous Coward | more than 3 years ago | (#32890378)

Kinda funny, really. I'm opposed to most gay rights bullshit

Kinda ironic really cause you sound like a total dick and seem to be in love with yourself...

Re: armed gay people (-1)

Anonymous Coward | more than 3 years ago | (#32889268)

Wow, that's so typically US American...

I'd never touch a gun and I don't tend to get bashed either. How about better educating society instead of arming everybody to their teeth?

Re:Mr Cummings (0)

Anonymous Coward | more than 3 years ago | (#32885226)

Not just "Mr. Cummings," but Peter I. Cummings.

One could theorize that's a stage name, but then Hugh Jackman isn't a porn actor as far as we know.

Yet the US gov got Birthday Club data (2, Interesting)

AHuxley (892839) | more than 3 years ago | (#32884752)

Funny how they cannot sell data, but the US Selective Service "ie draft" seemed to like buying and using data when they wanted it :)
http://en.wikipedia.org/wiki/Farrell's_Ice_Cream_Parlour [wikipedia.org]
The data an American ice cream parlor chain was used to warn young men to register for the draft before their 18th birthday in the early 1980's.
It was all a big Google (mistake) when exposed.

Bad Comparison (4, Interesting)

dreamchaser (49529) | more than 3 years ago | (#32884784)

Even the submission says it's because the company in question had privacy policies in place prior to going bankrupt. They would be violatinig said policies if they give away or sell the data. Listing it as 'assets' in bankrupcy court when they weren't supposed to sell it in the first place was a mistake by them.

The Selective Service has no such polcies.

Re:Bad Comparison (4, Informative)

Anonymous Coward | more than 3 years ago | (#32884804)

It's pretty typical for any and all contractual obligations over an asset to be tossed in a bankruptcy court. E.g. say you had a patent which you'd sold thousands of covenants not to sue for, in bankruptcy ownership of the patent may be transferred without the obligation not to sue.

The FTC's recommendation is unusual and surprising and I'd expect it to be ignored or fail if challenged in court.

Re:Bad Comparison (5, Insightful)

MadKeithV (102058) | more than 3 years ago | (#32884880)

The FTC's recommendation is unusual and surprising and I'd expect it to be ignored or fail if challenged in court.

It's going to be a pretty interesting storm if this fails if challenged in court, because it creates a semi-legal avenue for personal information harvesting, bypassing just about all privacy laws (barring perhaps things like HIPAA).
In slashdot terms:

  1. 1. Set up facebook-like site with really good privacy rules.
  2. 2. Let site grow with lots of safe personal details
  3. 3. Go bankrupt.
  4. 4. Sell personal information legally for profit.

Re:Bad Comparison (1)

Alsee (515537) | more than 3 years ago | (#32886158)

1. Set up facebook-like site with really good privacy rules.
2. Let site grow with lots of safe personal details
3. ???Don't go bankrupt???
4. PROFIT!

-

Re:Bad Comparison (1)

Myopic (18616) | more than 3 years ago | (#32886562)

It's hard to go bankrupt and then go to step 4 profit. Those are sort of exclusive steps.

Re:Bad Comparison (2, Insightful)

sjames (1099) | more than 3 years ago | (#32889580)

Not really, set up service provider A and client company B. B does all the public work while racking up a huge debt to A. B goes bankrupt and sells off private data in order to pay A. A makes a huge profit.

Re:Bad Comparison (0)

Anonymous Coward | more than 3 years ago | (#32890516)

It seems to work on a per film basis in Hollywood?

Re:Bad Comparison (2, Interesting)

Fractal Dice (696349) | more than 3 years ago | (#32887176)

Should datamining be a criminal offense?

I mean, there is this big effort building laws and international standards surrounding and protecting the copyright on databases - perhaps the act of accumulating and correlating personal information in the first place needs to be examined and attached to the same infrastructure?

If you value privacy, then it seems to me that legal restrictions are the logical endgame - as more and more databases of aliases are interconnected and more of our lives moves to online services, living off the grid will be a full time career of paranoia.

Just food for thought.

Re:Bad Comparison (1)

sjames (1099) | more than 3 years ago | (#32889634)

Perhaps we should just recognize that personal data is the property of the person it's about. The same corporations that buy and sell personal data routinely claim things like price lists and vendor contacts as proprietary and even threaten to sue over disclosures.

Re:Bad Comparison (5, Insightful)

rollingcalf (605357) | more than 3 years ago | (#32885280)

"It's pretty typical for any and all contractual obligations over an asset to be tossed in a bankruptcy court."

However, it's not so simple when an asset held by the bankrupt company wasn't really theirs to sell in the first place. Suppose they had a fleet of cars which were leased. If they go bankrupt during the lease, they have to give the cars back, and cannot sell them.

In a sense, the personal information was leased to company; it was never theirs to sell and shouldn't become theirs to sell just because of bankruptcy.

Re:Bad Comparison (1, Insightful)

Anonymous Coward | more than 3 years ago | (#32886074)

However, it's not so simple when an asset held by the bankrupt company wasn't really theirs to sell in the first place. Suppose they had a fleet of cars which were leased. If they go bankrupt during the lease, they have to give the cars back, and cannot sell them.

Ok, but the company can (depending on the lease terms) sell the lease to someone else.

In a sense, the personal information was leased to company; it was never theirs to sell and shouldn't become theirs to sell just because of bankruptcy.

No. Personal information is data, it isn't subject to lease. Little bits of personal information aren't even subject to copyright.

The moral of the story is DON'T GIVE YOUR PERSONAL INFORMATION TO OTHERS. It's the only way to be sure that it won't be used against you.

Re:Bad Comparison (1)

rollingcalf (605357) | more than 3 years ago | (#32886232)

"Ok, but the company can (depending on the lease terms) sell the lease to someone else."

And in this case, the terms did not include the right to sell.

"No. Personal information is data, it isn't subject to lease. Little bits of personal information aren't even subject to copyright."

Ever heard of the word "analogy"? Of course it's not an actual lease. The point is if the company didn't have the right to sell or distribute a given asset, contract, patent, copyright, or whatever before going bankrupt, bankruptcy normally does not give them the right to sell or distribute it.

Re:Bad Comparison (3, Informative)

tverbeek (457094) | more than 3 years ago | (#32889394)

"The moral of the story is DON'T GIVE YOUR PERSONAL INFORMATION TO OTHERS."

It's rather difficult to have things delivered to you without giving them your name and address. They tend to want credit card info as well.

Re:Bad Comparison (2, Interesting)

wowbagger (69688) | more than 3 years ago | (#32886182)

"In a sense, the personal information was leased to company...."

In a sense, I am levitating on a force-field right now - of course, that "force field" is created by the atoms of the chair.

In a sense the data was leased; unfortunately that "sense" is not in the sense of the law, or the sense of GAAP, or any "sense" that is legally binding on the company or the bankruptcy court.

What is needed is for companies that collect your data to EXPLICITLY state, as a part of the contract you enter into prior to them collecting the data, "We don't own this data, you do - we are just holding it for you. We have a specific license to use that data in this specific ways, and we cannot change that license without your explicit consent - we must destroy the data if we cannot continue to abide by this contract." (and IANAL so I don't know if that wording would stand up in court).

Only something of that strength would prevent companies from "monetizing your data".

Re:Bad Comparison (3, Interesting)

Artifakt (700173) | more than 3 years ago | (#32887166)

One of the things I noticed re. Copyright law (a favorite subject for Slashdot, of course): I ran across the copyright indexes of several authors, such as H. P. Lovecraft, who were big on only giving magazines first publication rights, not the standard 'all rights' clause in contracts. Lovecraft was part of the amateur press scene of his time and actually wrote articles about it, aimed at new authors, plus he metioned it in several letters to fellow authors. HPL also died during the depression, and if you look at the copyright history of his work, a lot of stories pass from a single magazine such as Weird Tales, through many different small companies' hands, before the rights ended up being purchased by August Derleth and Donald Wandrei after the depression ended.
      It looks like a bunch of small presses bought republication rights from magazines such as Weird Tales that the magazine may not have actually owned to sell, and passed these around in one standard contract after another. It looks very strange to see four stories published in the same magazine the same year, all passing through different small press owners hands, with a bunch of corporate names that are all swiftly out of existence, have little or no actual publication history, or seem to maybe be nothing but shell corporations. You have to wonder, if Lovecraft is any indicator, if Weird Tales actually took the time to sell off rights to thousands of old stories one at a time, to literally hundreds of separate companies, instead of bundling them somehow. The explanation seems to be that at least some of these contracts came out of bankruptcy courts, which were working overtime in that era. Unfortunately, only a few of these documents have good paper trails, and it's hard to really prove one way or another.
        Given the middle of the Great Depression connection, I've wondered if this was because bankruptcy courts were distributing these assets as part of big pools of similar fluff, without taking the time to check all the details on items they doubtless felt were of little real worth. Probably they were focusing on the physical assets of the companies, where those existed, and didn't expect these 'IP' assets to ever come back into print.
        This may bear out what the OP wrote. In practice, the bankruptcy courts seem to sometimes ignore restrictions in contract whether that's really what the law says to do or not, particularly if the asset is perceived as having little value compared to the rest of what the court has to deal with.

Re:Bad Comparison (0)

Anonymous Coward | more than 3 years ago | (#32889484)

Suppose they had a fleet of cars which were leased. If they go bankrupt during the lease, they have to give the cars back, and cannot sell them.

Unless your leasing spectrum [levittslafkes.com] from the government then you can sell it to anyone even if the spectrum was intended for small businesses only.

Re:Bad Comparison (1)

tverbeek (457094) | more than 3 years ago | (#32889350)

This shouldn't be surprising at all. At least not if you understanding the concept of responsbility. Yes, the names and addresses of the magazine's subscribers and the sites users are an "asset"... but with that asset come responsibilities. There are strings attached to this data, and those strings are the terms under which it was originally gathered.

Re:Bad Comparison (1)

hedwards (940851) | more than 3 years ago | (#32885962)

Indeed which makes it so rotten that they can require men to sign up for it. Especially since the recruiters don't seem to have any meaningful sense of integrity. I'm still getting harassed after a decade of not wanting into the Navy for reasons related to their renowned bigotry. Since I didn't give them my information, I should never have been contacted, let alone repeatedly called. The post cards these days are pretty trivial comparatively speaking.

Lists of this sort are a very serious responsibility and sharing them without the expressed written consent of the person that owns the information is not OK.

Re:Yet the US gov got Birthday Club data (5, Insightful)

Anonymous Coward | more than 3 years ago | (#32884870)

It was all a big Google (mistake) when exposed.

Bah. Stop trying to invent a new /. meme. It's not even funny.

Re:Yet the US gov got Birthday Club data (1)

Abstrackt (609015) | more than 3 years ago | (#32886310)

Besides, Slashdot has way too many memes. It's a full-time job being welcomed by a beowulf cluster of Soviet Russian overlords who put things into things.

Re:Yet the US gov got Birthday Club data (2, Funny)

pla (258480) | more than 3 years ago | (#32884950)

It was all a big Google (mistake) when exposed.

Uh, Mr. Balmer? You misspelled "Bing".

Re:Yet the US gov got Birthday Club data (-1, Troll)

Anonymous Coward | more than 3 years ago | (#32885774)

Wait, so Bing "accidentally" went around, collecting passwords over WiFi, all under the cover of photographing streets? That's news to me.

Face it, Google is well known for releasing people's private information without a second thought. Bing isn't.

The only possible better word to use for "releasing private data that one had claimed would be kept safe" would be "Facebook."

Re:Yet the US gov got Birthday Club data (0)

Anonymous Coward | more than 3 years ago | (#32885260)

Let me know when you're able to tell the difference between US Selective Service and a magazine, and then we can have a grown-up talk about this.

Re:Yet the US gov got Birthday Club data (1, Interesting)

Anonymous Coward | more than 3 years ago | (#32885442)

During the early to mid 1980s the Selective Service grabbed data from all over the place. In particular, for me, they grabbed information from the high school honor roll that was published. Unfortunately, the school made a typo on my information and had mine entered as middle name, last name, first name (my real names, but in that order). "I" got several notes from Selective Service indicating that "I" (by the incorrect name) was a draft dodger. It took awhile to get that sorted out and make them understand that there was no such person. By then, that name was getting military recruiter calls and even began getting jury duty notices. I actually attended jury duty by that name once. Finally got it all cleared up.

Re:Yet the US gov got Birthday Club data (1)

Eryq (313869) | more than 3 years ago | (#32885472)

It was all a big Google (mistake) when exposed

I see what you did there.

Wow, I've never heard of a Bing (stupid) fanboy before. How much does Bing (stupid) pay for Google-bombing these days? Clearly, Bing (stupid) is getting desperate...

Re:Yet the US gov got Birthday Club data (1)

AHuxley (892839) | more than 3 years ago | (#32886064)

Eryq, just trying to advance linguistics and have a new definition added to Oxford English Dictionary.

Re:Yet the US gov got Birthday Club data (2, Funny)

Anonymous Coward | more than 3 years ago | (#32885988)

I remember that. My friend and I made up a fictitious friend so we could get an extra birthday sundae each year. Boy were we shocked when we got a Selective Service letter for our "friend" when he "turned 18."

I think that was a couple of years before I tried to use a $2 bill at Taco Bell.

The morals of outing (-1, Troll)

Anonymous Coward | more than 3 years ago | (#32884760)

There were widespread demands in the left-wing part of politics that anyone who signed a petition to ban gay marriage should have their personal details published. They succeeded.

Now they want to protect gay people against being outed?

Re:The morals of outing (1, Insightful)

Anonymous Coward | more than 3 years ago | (#32885020)

Given that a petition is an attempt to change the law, people who sign one should be prepared to stand behind it. If you'll pardon the expression.

Re:The morals of outing (1)

uglyduckling (103926) | more than 3 years ago | (#32885236)

I'm not sure that's the case. A person may be happy to have their views shared with their elective representative(s) but not with the world at large. I'm not sure a person has to make their views widely public in order to participate in democracy.

Re:The morals of outing (2, Insightful)

Anonymous Coward | more than 3 years ago | (#32885634)

I'm not sure a person has to make their views widely public in order to participate in democracy.

Of course you have to make your views public if you want to participate in a democracy. Everything but your vote should be public.

Especially political petitions. If you sign a petition, you are expressly making a public statement of your views on a subject. Otherwise, signatures on a petition could never be challenged.

Why would you sign a petition and then expect the fact that you signed a petition to be private?

Re:The morals of outing (1)

icebraining (1313345) | more than 3 years ago | (#32885476)

I disagree. Anonymous votes (and petitions are the same in this case) protect people from coercion, and therefore is freer.

If petitions (and other votes) are open, you might be compelled to sign them for other reasons other than your political beliefs.

Re:The morals of outing (3, Insightful)

boneglorious (718907) | more than 3 years ago | (#32885928)

If you're not willing to stand by your beliefs openly, then you may want to reconsider them. And democracy runs best when people are willing to continually reconsider their beliefs, rather than when people get an idea and then cling to it, regardless of how shamed or secretive they may feel about it.

It's true that sometimes people do fear retribution for political actions, and justifiably so, but the only way to foster an open discourse, where social norms don't favor revenge or retribution, is to be open about one's beliefs and contribute to healthy debate.

Re:The morals of outing (2, Insightful)

zstlaw (910185) | more than 3 years ago | (#32888094)

Sadly you are mistaken. People do not reconsider beliefs often. In fact attempting to change deeply held convictions can cause cognitive dissonance since many other decisions have been based on that belief. In fact, people with deeply held beliefs often hold those beliefs even more strongly in the face of proof to the contrary. http://www.boston.com/bostonglobe/ideas/articles/2010/07/11/how_facts_backfire/ [boston.com]

But that is beside the point. There is no petition here, this article is about the potential outing of a million gay teens. Which could result in eviction, abuse, and other forms of harm. The FTC made the right call I just wish that consumer protections were more broad. Rather than "you can't do this as it violates your privacy policy" I would prefer "you can not sell consumer information as it could do harm".

Imagine if facebook or myspace decided to mine and sell your data. "Ehh who cares, they already do." But studies suggest they can determine where you live, your sexuality, what you are interested in via your connections. So now even if you keep your data private they can probably figure out your birthday, orientation, former residences, etc. Now imagine if you are an actor or musician and have too many gay friends so they sell your info to a anti-gay group that starts protesting at your work and calling your family/friends/co-workers. You lose business partners, sponsorships, your family starts to wonder what you are hiding...

You can not reason with a mob, they have others reinforcing their opinion and peer pressure would prevent most people from backing down. Only a culture of tolerance and/or stronger consumer protection would make this less likely. Right now we have neither. We are sometimes inching towards more tolerance but then I see anti-gay, anti-immigration, anti-Muslim, anti-intellectual materials and I despair.

Re:The morals of outing (1)

icebraining (1313345) | more than 3 years ago | (#32889358)

That is all nice if you assume you live in an open society where debate is accepted and people respect others' contrary opinions. But the reality is often very different.

How many people have been persecuted or at least ostracized for defending different views that the majority? How many kids have been discriminated for their parents' opinions?

Social pressure alone is enough to ensure that people, if forced to openly defend their opinions, and especially if they have children or other close family, will prefer to shut up and don't sign the petition even if they agree with it.

In the end you'll have a more effective majority dictatorship and weaker minority opinions.

Re:The morals of outing (1)

hedwards (940851) | more than 3 years ago | (#32886062)

You may disagree, but you're wrong. Petitions are opened so that the people can know who it is that's putting it up for a vote. In a vote, people know that the candidate that is running is behind it, and there's usually a listing of endorsements. The Republican party thought that it was clever to switch our county elections to non-partisan so that they could slip in one of their candidates undetected. It didn't work, the people saw through it. Turns out that folks in this county don't want to vote for that sort of trash.

The petitions here in WA have been open for a good long time, and there has never been any evidence that doing so subjected people to undo influence or coercion. Even in this case the names for those that funded the referendum there is no evidence that they underwent any illegal harassment or other problems.

Re:The morals of outing (1)

HeckRuler (1369601) | more than 3 years ago | (#32888360)

Anonymous votes (and petitions are the same in this case)

Well no, a petition is not a vote. There is the important difference in that a vote is open to all, scheduled, and is usually a periodic or reactionary thing. A petition is pro-active, and self-selective. A vote shows you the will of the majority. A petition shows you the voice of the minority. You don't need a petition if you can get more then half the populace to sign it.

It didn't make sense to me at first, but secret voting does seem to be a good idea. It fixes some of the problems we've had in the past. Secret petitions would simply undermine the whatever legitimacy that petitions have.

Re:The morals of outing (1)

icebraining (1313345) | more than 3 years ago | (#32889138)

It fixes some of the problems we've had in the past. Secret petitions would simply undermine the whatever legitimacy that petitions have.

I assumed they would have to be accessed by a court or whatever to verify it, but not to the general public, if requested by the person that signed it.

Re:The morals of outing (1)

couchslug (175151) | more than 3 years ago | (#32885332)

Outing people who work to deny others civil rights is a bit different from outing people who were not organizing to do so.

Re:The morals of outing (0)

Anonymous Coward | more than 3 years ago | (#32886240)

I'm sorry, I'm going to have to call you out on this, because you're begging the question.

The entire debate is whether or not gay marriage is a civil right in the first place. The people who signed the petition don't believe that it is (otherwise, they wouldn't have signed it).

No one is trying to prevent people from exercising their civil rights. They are, however, trying to prevent people from perverting an existing institution designed to build families.

I already know the response ("two consenting adults") so save it - by that logic, is it a civil right for a mother to marry her son?

Re:The morals of outing (4, Insightful)

compro01 (777531) | more than 3 years ago | (#32889048)

No one is trying to prevent people from exercising their civil rights. They are, however, trying to prevent people from perverting an existing institution designed to build families.

So would you be in favour of prohibiting the marriage of heterosexual persons who do not plan on raising children?

Censorship Software would help protect Children (4, Insightful)

Anonymous Coward | more than 3 years ago | (#32884780)

Most teenagers shouldn't have anything to worry about because responsible parents will have programs like Cyber Patrol and CYBERsitter installed to prevent their children and teenagers from accessing these sexually oriented sites. It's funny because under the Australian Internet filter this type of situation wouldn't even be an issue.

[I'll spell this out early on here. I am not a Troll, just offering some political sarcasm, thank you very much. Remember, your Nanny loves you and only wants what's best for YOU].

Re:Censorship Software would help protect Children (0)

Anonymous Coward | more than 3 years ago | (#32885000)

You made me lol. good job.

On a serious note, you know the world is really sad when people have to warn others not to sell personal data. it's like when the French governement promised that, because of this crisis, personal needs of ministers will be paid with their own money...

(On a side note: lol Cummings)

Re:Censorship Software would help protect Children (2, Informative)

Drakkenmensch (1255800) | more than 3 years ago | (#32886086)

[Remember, your Nanny loves you and only wants what's best for YOU].

The last cyber-nanny who wanted What's Best For Me was working for SHODAN, and tried to rip me apart with lasers for trying to hurt the egg pods of The Many. Hilarity ensued.

Re:Censorship Software would help protect Children (-1, Redundant)

Anonymous Coward | more than 3 years ago | (#32886614)

The last nanny who wanted What's Best For Me was working for Obama, and tried to rip me apart with SEIU thugs for trying to hurt the campaign contributions of The Democrats. Hillary ensued.

There, fixed that for ya!

I'm from future (0)

Anonymous Coward | more than 3 years ago | (#32884782)

And this same news was posted expect for the fact that the magazine was substituted with website. "Before the website's demise, many of the subscribers lived at home with parents." -Anonymouse

Re:I'm from future (4, Insightful)

pla (258480) | more than 3 years ago | (#32884996)

And this same news was posted expect for the fact that the magazine was substituted with website. "Before the website's demise, many of the subscribers lived at home with parents."

Self-debasing humor aside, you have rather a significant difference between a site like Slashdot selling out, and a magazine for gay teens.

Most notably, paying for and receiving a physical magazine means the company has your name, CC info, and physical address; Slashdot has a dynamic IP address, a largely anonymous handle, a throwaway contact email address that likely filled with spam and died at least five years ago, and knows my default comment threshold.

Not to mention, society doesn't stigmatize geekdom (these days) quite the same way it does homosexuality. Although I find the Slashdot crowd far more tolerant of such issues than the general public, our "perverse love" of technology rarely gets us lynched.

Think positively (5, Funny)

Moraelin (679338) | more than 3 years ago | (#32885350)

Well, think positively. As more and more people grow up with CS and clones and other online games, soon we'll have a whole generation who thinks "gay" means "got more than one kill with a sniper rifle" or "won the roll on a piece of loot you wanted too".

And for that matter than "I fucked your mom" is the new "good morning, sir. How do you do?" I can imagine a business meeting in 2020 going something like:

CEO: "And now Mr Stevens the VIP of marketing will present the results from the latest market poll."
Stevens: "I fucked your moms, ladies and gentlemen."
Chorus: "Your mom's fat."
Stevens: "As you can see on this graph, after our latest PR campaign, our brand recognition has risen by almost 20% and the sales by nearly 10%."
PHB from the audience: "Dude, you're gay."
Stevens: "Thank you."

At any rate, they'll probably think that having been subscribed to a gay magazine is like subscribing to some gaming tricks site ;)

Re:Think positively (2, Insightful)

hedwards (940851) | more than 3 years ago | (#32886088)

Doesn't help any of them that get kicked out of their house today. Or beaten and killed for that matter. Sure it's extreme, but it does happen, and given the fixation by bigots it does happen and over the population of 100k, it's definitely possible that at least one of those is in a situation where that's possible. Not likely as it's a risk to having that kind of publication in that situation, but still.

Re:Think positively (1)

Moraelin (679338) | more than 3 years ago | (#32886202)

Yes, well, homophobia in the USA is something sad and something I still don't rightly "get". I'll agree that it's a serious problem and didn't mean to imply otherwise. But my train of thought is really a bunch of clown cars chasing each other, and throwing pies at each other, and occasionally I get funny slapstick ideas like that about just about any kind of topic.

Re:I'm from future (1)

mcgrew (92797) | more than 3 years ago | (#32888444)

Not to mention, society doesn't stigmatize geekdom (these days) quite the same way it does homosexuality.

I'm an old nerd, and even though (as I said quite a while ago in a BSFW journal [slashdot.org]) "About the time crack cocaine was being invented, being a nerd was starting to become somewhat acceptable. Apparently the crackheads took over our role as social pariahs."

But even back when being a nerd was unacceptable, being homosexual was worse. Few gays were out of the closet, and if I'd been gay I'd have stayed in the closet too. These days, probably not. Odd, some things that were intolerable back then (homosexuality, nerdiness) are tolerated or even cheered (seems we're cool these days), other things, like smoking cigarettes, that were the norm are now not tolerated at all.

Mr Cummings runs a gay teen site? (-1, Redundant)

Anonymous Coward | more than 3 years ago | (#32884794)

Must. Resist. Bad. Joke!!

Sell this (-1, Offtopic)

Anonymous Coward | more than 3 years ago | (#32884800)

My name is G.Oatse, and I have the worlds largest anus.

Sent from my iAss.

Where do the subscribers live these days then? (5, Funny)

YeeHaW_Jelte (451855) | more than 3 years ago | (#32885024)

"Before the magazine's demise, many of the subscribers lived at home with parents."

And this changed how exactly after the bankrupcy of the magazine?

Maybe a bankrupcy of slashdot would be a good thing for the readers too ...

Re:Where do the subscribers live these days then? (2, Informative)

Skapare (16644) | more than 3 years ago | (#32885378)

"Before the magazine's demise, many of the subscribers lived at home with parents."

And this changed how exactly after the bankrupcy of the magazine?

While the subscriber was regularly getting the magazine in its black shrink wrapped form, they knew to look out for it, about what time it would arrive, etc. That ended when the magazine folded, and the subscriber is no longer expecting it to arrive. Or the subscriber has moved on, to college and/or their own place. Suddenly, without expectation, a new mailing arrives. Even if it has the black shrink wrap, the original subscriber is now not there, or even if there, might not be acting in a timely manner, to prevent the parental units from wondering what's in this strange black envelope and physically tearing it open. Now the damage is done where it otherwise would not have had either the magazine continued operation (the subscriber could quit, not renew, or change address, or just keep on expecting it) or if the magazine abandons its list in a restart under new ownership.

Maybe a bankrupcy of slashdot would be a good thing for the readers too ...

OMG! No more kitty porn???

Re:Where do the subscribers live these days then? (1)

Lugae (88858) | more than 3 years ago | (#32888776)

"Before the magazine's demise, many of the subscribers lived at home with parents."

And this changed how exactly after the bankrupcy of the magazine?

That's just it: it has probably changed a decent amount. If the original subscribers are not living with their parents, they are considering selling the subscribers' parents' addresses now. It could happen with any data sale, but I think that's the reason that the OP pointed out that the subscribers lived with their parents at that time.

Promises (2, Informative)

Hognoxious (631665) | more than 3 years ago | (#32885050)

My understanding was that the US doesn't have anything like the UK Data Protection Act [wikipedia.org] so the company wouldn't actually be doing anything illegal.

Are these promises worth anything? Would it even constitute a breach of contract, i.e. be grounds for a civil action?

Re:Promises (4, Informative)

grantus (261016) | more than 3 years ago | (#32885124)

The FTC has actually filed civil lawsuits against multiple companies that the agency thought didn't live up to their privacy promises. The FTC sees the act of breaking privacy promises as a deceptive trade practice that's outlawed in the FTC Act.

Re:Promises (1)

Errol backfiring (1280012) | more than 3 years ago | (#32885364)

But the point is, the buyers need not promise anything. So nobody violates a promise: the original company ceased to exists and the new owner did not make the promise. So this is more a responsibility issue and an issue whether personal data can be transferred or sold at all.

Re:Promises (3, Interesting)

Skapare (16644) | more than 3 years ago | (#32885408)

The data is still in the hands of the original owners. By filing this with the BK court, the FTC has established that it is illegal (unless another party's argument can prevail, and this would most likely have to be litigated in a separate venue, not in BK) for the sale to be made. Effectively, the subscribers have a lien on the data, which amounts to an ownership of the right sale, held by the subscribers themselves, in absence. Selling it might then be considered no different than the sale of stolen goods (which even a BK court cannot do).

Re:Promises (1)

sconeu (64226) | more than 3 years ago | (#32887676)

Selling it might then be considered no different than the sale of stolen goods (which even a BK court cannot do).

Tell that to SCO and Judge Gross

Re:Promises (1)

s73v3r (963317) | more than 3 years ago | (#32889172)

But one could definitely argue that selling the data in the first place represents a breach of privacy, and goes against the privacy policy.

PATCH, DAMN YOU! PATCH!! (-1, Offtopic)

Anonymous Coward | more than 3 years ago | (#32885194)

Patch like you have never patched before!!

There was a little girl,
                        Who had a little curl,
Right in the middle of her forehead.
                        When she was good,
                        She was very good indeed,
But when she was bad she was horrid.

Is it a "promise" or a "contract?" (2, Informative)

Anonymous Coward | more than 3 years ago | (#32885204)

There is nothing preventing a company from changing its privacy policy after it has obtained your private information. Hell, there's no law requiring that they even adhere to their own privacy policy.

Nothing to see here. Move along.

Re:Is it a "promise" or a "contract?" (2, Informative)

grantus (261016) | more than 3 years ago | (#32885948)

Nothing except the threat of a lawsuit filed by the FTC. The agency has brought several similar cases.

Re:Is it a "promise" or a "contract?" (2, Insightful)

hedwards (940851) | more than 3 years ago | (#32886110)

Yes, there is. Privacy policy is a part of the ToS in most cases, and should they change it they are required to give those that are subject to it the opportunity to cancel the contract. Which is one of the reasons why companies like MS and Sony are such a joke, because they regularly change their terms, but offer limited ability to opt out, and definitely don't offer the ability to get a full and complete refund for the product affected.

where dey at? (-1)

Anonymous Coward | more than 3 years ago | (#32885284)

where da hos at? oh... apparently not in this magazine.

It Would Be A Nice Precedent (1)

anorlunda (311253) | more than 3 years ago | (#32885414)

I can't recall any other case where government forced enforcement of privacy policy on third parties like bankruptcy courts. Even here, it is not clear if FTC is threatening action or just bluffing.

I remember the case of a hospital that stored medical records in a warehouse. They stopped paying rent and the landlord sold the file cabinets including contents to help recover his losses. The cabinets, folders and paper are physical property and property laws govern them. The information on the papers had no legal standing at all.

Even HIPPA laws do not apply to parties who are not heath care providers or their agents but who have possesion of patient data nevertheless.

Current intellectual property law is distinct from ordinary property law. Considering the fact that data possession and data processing are the major source of wealth in the 21st century, we badly need a better legal foundation for information. Traditional property rights, intellectual property rights and contract law all come up short.

Re:It Would Be A Nice Precedent (1, Informative)

Anonymous Coward | more than 3 years ago | (#32886436)

I remember the case of a hospital that stored medical records in a warehouse. They stopped paying rent and the landlord sold the file cabinets including contents to help recover his losses. The cabinets, folders and paper are physical property and property laws govern them. The information on the papers had no legal standing at all.

Even HIPPA laws do not apply to parties who are not heath care providers or their agents but who have possesion of patient data nevertheless.

It's the hospital that would be busted for the HIPAA violation. The hospital is obligated to prevent that from happening.

Usage as intended by the persons providing it ? (1, Insightful)

Anonymous Coward | more than 3 years ago | (#32885420)

Such subscriber information is *not* just a list of NAW data. By its origin a quite important private piece of information is tagged to each-and-every of those peoples records : They are homosexual.

If-and-when the list is used for its *by the subscribers* intended purpose (to be able to send the magazine and subscription-fee invoices to their subscribers) there is no problem.

But if this list is *not* used for that purpose it should fall faul of the current rules regarding the aggregation of peoples data : NAW is allowed, anything more specific is, without the consent of the person, not.

If this is not strictly regulated it would be easy to create a full database with every detail you want by becoming a "partner" of any company who, by its function, implicitily tags private information to its NAW data-list.

FormerMember (1, Informative)

Anonymous Coward | more than 3 years ago | (#32885730)

First off, I used to be a member of that website, until it rolled downhill and everyone started using other social networks.

The magazines were non pornographic and aimed at gay youth. They didn't feature nudity and were sold at stores like chapters.

It had TONS of subscribers and at one point I would have believed it to be the largest gay social network. Not everyone would have their financial information or true information on the site, although it did end up possessing a ton of information about users.

Gasp! OMBFG! You can't sell what isn't yours?!?! (1)

FredThompson (183335) | more than 3 years ago | (#32885746)

Another day, another Kosian post on Slashdot.

You can't sell what isn't yours to sell. Period.

No story here. Oh, it's about gays or computers or ...

This is the year 2010. The novelty of being gay or involving computers is so Carter administration.

Re:Gasp! OMBFG! You can't sell what isn't yours?!? (1)

grantus (261016) | more than 3 years ago | (#32886362)

One of the targets of the FTC letter is the majority owner of the company that published XY (as the story says). The other target of the letter was an investor in XY. The assert ownership of the data.

Re:Gasp! OMBFG! You can't sell what isn't yours?!? (1)

compro01 (777531) | more than 3 years ago | (#32890056)

You can't sell what isn't yours to sell. Period.

Yes, but is it your information they're holding for a particular purpose (sending you a magazine), and thus your property or is it their information simply about you, and thus their property?

KY Magazine? (-1, Troll)

Anonymous Coward | more than 3 years ago | (#32886426)

Are you sure the magazine name and website aren't KY Magazine and KY.com?

Okay, call me stupid.... (0)

Anonymous Coward | more than 3 years ago | (#32887046)

..but when did my private information provided to a publication become the PROPERTY of said publication, which can be SOLD?

I know that most of us fail to read the "fine print" on privacy disclosures when signing up for sites, but this seems pretty bold even by scummy info-harvesting standards.

Also, what about sites where you actually do business? I can understand shady sites like Facebook, MySpace or Xanga selling info to stay afloat. I can even understand scummy pseudo-free sites like blogTV, Stickam and Tinychat gathering information and selling it to god-knows who. But what about sites like Newegg and Amazon? There's almost NO WAY to do business with these sites without giving up private information. Is my information theirs, and they can do whatever they want with it? If Newegg ever goes bankrupt, will they pimp their customer database to the penis enhancer/herbal viagra/discount rolex spammer crowd?

And they say I look funny in my tin hat when I try to protect my privacy. Sheesh!

No, the cat does not, in fact, "got my tongue." (1)

Impy the Impiuos Imp (442658) | more than 3 years ago | (#32887446)

It's interesting how government upholds private contracts when it wants to, and violates them when it wants to, as in the bankruptcies of GM and Chrysler, which involved overturning longstanding, traditional contracts with lenders to give certain lenders a larger share of the cut-up pie upon dissolution.

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