On Tue, May 20, 2014 at 9:33 AM, Cristian Consonni <kikkocrist...@gmail.com>wrote:
> 2014-05-20 18:14 GMT+02:00 Luis Villa <lvi...@wikimedia.org>: > > On Tue, May 20, 2014 at 8:36 AM, Pete Forsyth <petefors...@gmail.com> > wrote: > >> (2) > >> > > should not be judged poorly for not having had the right opportunity > to > >> defend users in court the way the report defines it. > >> > > > > On the second point: we regularly defend user privacy and we regularly > > defend users in court. Because of this, we have never taken a privacy > issue > > to court - so far, we have always been able to talk them out of it or > > convince them it is not worth the trouble before it gets that far. We are > > successful at this because (1) we have a very good record of winning > court > > cases, so they do not have a good chance of winning and (2) we collect so > > little user information, and we delete it quickly, so we are usually able > > to convince them that they won't get anything useful from us even if they > > did win. > > So this case: > > https://blog.wikimedia.org/2014/02/14/wikimedia-foundation-supports-wikipedia-user-subject-to-defamation-lawsuit-in-greece/ > > and more in general of this program: > > https://meta.wikimedia.org/wiki/Legal_and_Community_Advocacy/Legal_Fees_Assistance_Program > > are not rated because they are not strictly privacy-related? > That's right. In the Greek case, Diu's identity was already publicly known when the case was filed - there was no privacy aspect in the actual legal case. We were not the ones who disclosed his identity, so we did not have an opportunity to fight for his privacy. To be clear, Legal Fees Assistance Program could apply to a privacy case if one came up that met the other requirements. But we can't get the star just for promising to fight for it - we have to fight for it *in court* to get the star, and we just haven't had that opportunity yet. As EFF put it: *Fight for users privacy in courts.* Wikimedia does not earn credit in this category. However, it should be noted that many companies never have an opportunity to challenge a government data request. ... Wikimedia’s lack of star in this category should not be seen as a demerit. Hope that clarifies- Luis -- Luis Villa Deputy General Counsel Wikimedia Foundation 415.839.6885 ext. 6810 *This message may be confidential or legally privileged. If you have received it by accident, please delete it and let us know about the mistake. As an attorney for the Wikimedia Foundation, for legal/ethical reasons I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. For more on what this means, please see our legal disclaimer <https://meta.wikimedia.org/wiki/Wikimedia_Legal_Disclaimer>.* _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, <mailto:wikimedia-l-requ...@lists.wikimedia.org?subject=unsubscribe>
