Re: Security/Privacy Awareness click through

[Valdis Kletnieks <Valdis.Kletnieks () VT EDU>]

On Mon, 11 Mar 2013 17:26:27 -0400, Harry Hoffman said:
> The obvious, IANAL statement first.
>
> Can you really hold your users "legally" liable for activity under their
> name/identity?

Actually, those login disclaimers don't do what you think they do. :)

In general, you're not going to enforce the full extent of the law on
"innocent miscreants" - you're going to give them a warning and remind
them what the AUP says and tell them you don't want to see them in your
office ever again.  Because everybody *knows* that nobody ever reads the
"You agree to the EULA/APU to continue", they just click through to get their
goal accomplished.  So unless you add a "enter the animal name from line 4
and the arithmetic sum from line 6" question, they won't read it.

(The only case law I'm familiar with in that area is all stuff you
really *don't* want to attach yourself to - it may win a legal battle
but you'll lose the PR war.  See the Aaron Swartz and Lori Drew debacles
for examples why).

If they're bound and determined to do something egregious and nefarious,
they're going to do it anyhow.  And if they're one of your users, they'll
claim they didn't actually read what it said.

What it *does* do is protect you from the indignant tenured professor who is
*very* upset that you were snooping through his activity without permission
while you were trying to find somebody *else*.

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