[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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