[governance] IP Addresses Are Personal Data, E.U. Regulator Says
Karl Auerbach
karl at cavebear.com
Mon Jan 28 16:50:12 EST 2008
Meryem Marzouki wrote:
> So, the answer to Karl's question ("whether an ISP or core provider's
> use of a person's IP address to generate a TCP Reset packet (for the
> purpose of, for example, "slowing" bittorrent traffic) is a usurpation
> of that personally identifiable information") is no. This is indeed a
> network neutrality issue, but not a data protection issue.
Perhaps there is a slightly more accurate way to state your conclusion?
Might not one say that that the use of the IP address is indeed a
usurpation of personally identifiable information, but due to a
contractual waiver, it is not a violation of EU data protection laws?
(In addition, perhaps it may be a violation of other laws that make it
improper for someone to use the identity of another to represent
themselves as that other, which is exactly what the Reset packets do.)
--karl--
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