In message <[log in to unmask]>, at 16:17:21 on
Tue, 22 Apr 2008, Tim Trent <[log in to unmask]> writes
>Deep water or no, an ISP has terms and conditions. Ah well.
Those terms and conditions are extremely unlikely to include taking
someone's domain name away for misbehaviour. They argue that it would
open the floodgates for every petty complaint about anything online.
Whose job would it be to draw the line between one infraction and
another?
I'm dealing with a complaint today where an online trader allegedly
supplied a counterfeit product. The website in question is not
necessarily hosted at the ISP who has registered the domain name. Who
wants to be judge and jury about whether the complaint is accurate, and
what form of penalty to apply?
>The message arrived "in my inbox" on the phone with no traceable sender
>of any description. I have emailed them (whois got me the email
>address) and they have replied thus:
>Thank you for your e-mail.
>If you can let me have the mobile number in question I will get these
>stopped for you immediately.
>Thank you
>
>The email is from Terri Sweeny - [log in to unmask]
"DEAR CUSTOMER, VENISTA SERVICES ARE NO LONGER AVAILABLE."
>who may be found here: http://www.verista.co.uk/
With an "r"?
>So it seems that this is a UK matter and the PECR applies. Venista
>acknowledge sending the me the message(s) and are also sending me a
>refund cheque. I now have all my family;s phones blocked on their
>computer system.
>Now we get the challenge. Yes, I've updated the UKIC with their
>details. But now, since MY problem is putatively solved, there will be
>no investigation.
That can't be right. If there was a "data" crime committed, you can't
undo it just by refunding any collateral money.
>So I have issued a SAR to ensure there is something to investigate.
Just so, the original data is probably still there.
--
Roland Perry
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