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Re: [dow1-2tf] Moving forward on "conspicuous notice"?/TIMELY
- To: metalitz@xxxxxxxx, roessler@xxxxxxxxxxxxxxxxxx, mcade@xxxxxxx
- Subject: Re: [dow1-2tf] Moving forward on "conspicuous notice"?/TIMELY
- From: KathrynKL@xxxxxxx
- Date: Tue, 19 Oct 2004 11:38:05 EDT
- Cc: mueller@xxxxxxx, dow1-2tf@xxxxxxxxxxxxxx, dmaher@xxxxxxx
- Sender: owner-dow1-2tf@xxxxxxxxxxxxxx
Steve wrote: <<> Thomas, you may believe that current practices are privacy
> violations, and I respect your belief. But you also appear to believe that
> if
> a
> registrant consents to current practices, it is still a privacy
> violation. That position is a lot harder for me to understand, at least
> as a legal issue. >>
>
Steve and all: It is still a privacy violation. Simply, in many
jurisdictions a customer/constumer **is not free to waive rights by contract**
that
his/her jurisdiction has chosen to protect. Contract is not free to overrule
all
laws, especially in critical areas of public policy such as privacy and waiver
of liabilities.
In the US, for example, every consumer contract notes that a customer living
in certain states **is not free to waiver his/her rights regarding limitation
of liability.** Every other customer must waive these rights, but not the
one's in this state. I attach a very typical example below from the giant
Proctor and Gamble. This type of language is completely appropriate for the
registrars' new contracts in countries with comprehensive privacy laws. I
think it
is reasonable for all Registrar contracts to say regarding
collection/disclosure of information: "the above limitations/requirements may
not apply to you."
http://www.pg.com/terms.html#disclaimer
" LIMITATION OF LIABILITY.
In no even shall P&G be liable for any direct, indirect, special, punitive,
incidental, exemplary or consequential, damages, or any damages whatsoever,
even if P&G has been previously advised of the possibility of such damages,
whether in an action under contract, negligence, or any other theory, arising
out
of or in connection with the use, inability to use, or performance of the
information, services, products, and materials available from this site. These
limitations shall apply nothwithstanding any failure of essential purpose of
any
limited remedy. ***Because some jurisdictions do not allow limitations on how
long an implied warranty lasts, or the exclusion or limitation of liability
for consequential or incidental damages, the above limitations may not apply to
you."*** "
Note: text changed from all caps to upper/lower so I would not be "yelling"
in cyberspace and I highlighted the key sentence in stars.
Regards, Kathy
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