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Date:      Tue, 19 Jul 2011 13:04:47 +0200
From:      "C. P. Ghost" <cpghost@cordula.ws>
To:        Damien Fleuriot <ml@my.gd>
Cc:        Frank Bonnet <f.bonnet@esiee.fr>, "freebsd-questions@freebsd.org" <freebsd-questions@freebsd.org>
Subject:   Re: Tools to find "unlegal" files ( videos , music etc )
Message-ID:  <CADGWnjX-uShnDgaAAJSe0y9+14rtsFtxEfhh-=m9zj=nZg8fFQ@mail.gmail.com>
In-Reply-To: <4E25626E.3080509@my.gd>
References:  <201107190549.p6J5n6sP028960@mail.r-bonomi.com> <4E252119.3030208@esiee.fr> <89EB5E14-AA8E-4265-9C5D-22641ECC1C37@my.gd> <CADGWnjUSZKtk2xROQ9ZdSkPmmeB7Gk8yykqm=Gawpgu+LR_LUA@mail.gmail.com> <4E25626E.3080509@my.gd>

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On Tue, Jul 19, 2011 at 12:54 PM, Damien Fleuriot <ml@my.gd> wrote:
> On 7/19/11 11:06 AM, C. P. Ghost wrote:
>> On Tue, Jul 19, 2011 at 8:55 AM, Damien Fleuriot <ml@my.gd> wrote:
>>> On 19 Jul 2011, at 08:15, Frank Bonnet <f.bonnet@esiee.fr> wrote:
>>>> In France it's illegal and I have my boss's instruction :
>>>>
>>>> - find and delete the files that's all.
>>>
>>> Bon courage then...
>>>
>>> A file can not be illegal per se, so you won't be able to detect
>>> these by looking up names or contents.
>>
>>> Even then, if a file is labeled as personal, privacy protection
>>> applies and it is *unlawful* for you to process it.
>>
>>> (That is in the same way that your employer is strictly forbidden
>>> from peeking inside your email messages clearly labeled as personal,
>>> even if they were received on your work mailbox.)
>>
>> Exactly!
>>
>> Speaking with my university sysadmin hat on: you're NOT allowed to
>> peek inside personal files of your users, UNLESS the user has waived
>> his/her rights to privacy by explicitly agreeing to the TOS and
>> there's legal language in the TOS that allows staff to inspect files
>> (and then staff needs to abide by those rules in a very strict and
>> cautious manner). So unless the TOS are very explicit, a sysadmin or
>> an IT head can get in deep trouble w.r.t. privacy laws.
>>
>
> The poorly written IT TOS of a company can never bypass the law,
> regardless of anything you agreed to in your company's TOS.
> It *is* unlawful for them to even open your files as long as they are
> clearly labeled as private.

Absolutely right. This can't be emphasized enough.

As a matter of fact, we're merely setting quotas now (both total
and per-file), and don't bother checking what the users are storing
there. We also don't check their internet usage, though we do
warn them if they exceed some bandwidth and remind them in
general terms of respecting the law.

Should there be some infringement case brought up, we let the
lawyers of our law school / dept. and the lawyers of the copyright
group or copyright owners fight this over between themselves.
We as IT department don't inspect nor touch private files at all;
unless when legally compelled to by a judge's order. Everything
else would be just wasting resources and causing grief without end.

-cpghost.

-- 
Cordula's Web. http://www.cordula.ws/



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