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Chat and civil liability: the ban of the user as a unilateral suspension of the service

What happens is that - on the sidelines of an event related to a famous chat - a journalist and a lawyer will raise a question: the ban unfair and unjustified può costituire giusta pretesa per una rivalsa civilistica dell'utente?
La questione è interessante e pone una prospettiva nuova, a ben vedere: il chatter come consumatore. E, attenzione, perchè la questione ha implicazioni pratiche e giuridiche notevoli.
Senza pretesa alcuna, approfitto di questo spazio per poche, sbrigative considerazioni che potranno essere meglio integrate altrove.

- Di fatto il ban (ovvero l'esplusione/esclusione dell'utente) costituisce una sospensione unilaterale del servizio;
- allorchè il servizio sia a pagamento, all'eventuale disagio patito dall'utente per l'interruzione del servizio (e quindi il danno non patrimoniale which it considers the inability to continue and / or forming relationships, friendships etc.. etc.) adds a consequential damage to assets;

- thus the suspension of service should be regulated contractually by the Manager, as well as, in accordance with the principle of good faith in contractual relations, motivated and made possible the least possible unilateral , especially as consumer and professional course, do not have the same practical way of protection;

- if the "ban" is regulated by contract, the procedure actually used must conform to that described in the contract;

- are defined vexatious, the conditions that, in the person that has set in place to limit liability to withdraw from the contract or suspend performance of or sanction against the contractor forfeiture restrictions on the ability to oppose restrictions on freedom of contract in dealings with third parties, extension or renewal of implied contract, arbitration clauses, or exceptions to the jurisdiction of the court, and such clauses have no effect unless specifically approved in writing;

- some terms may be defined as unfair be included in such contracts, as in they are often provided right to terminate and / or suspension of service in return for the unilateral assessment of the service provider, there are frequently expressed as well as limitations of liability in favor of the latter.

Always read the contract, in other words, even in chat!

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Privacy: Obsession or Necessity?

Privacy! Meta-juridical and legal phenomenon varied and complex in recent years has been the terror of professionals (terror more than understandable given the extent of sanctions to be imposed and the amount of cards, however, has resulted), the object of curiosity for the media, attracted perhaps by the designation Anglophone and now, even on the political agenda - see the story "online publication of tax returns" and "journalistic publication of wiretapping."

in a society where personal data can be collected, processed, handled, transported anywhere and at no time should not be surprising that there is a strong focus on privacy, or the right to privacy.

Quite simply, I would observe that the new technologies, have laid bare the King: that is, any behavior, speech, image can be easily and quickly available to an indefinite public. Which may, of course, dispose of as they wish.

La distribuzione di massa applicata al voyeurismo.

Qui nasce il problema politico. E quello sociale.

Il problema giuridico, posto che mi pare evidente il diritto soggettivo alla tutela della propria riservatezza ed a poter disporre dei propri dati personali (visto anche il loro valore patrimoniale!) si pone quindi in relazione alla tutela concreta. Come bloccare la diffusione di dati personali sul web? O la loro raccolta ed il loro indiscriminato trattamento? Si tratta di problemi concreti con cui si è scontrato chi si è trovato a difendere vittime di molestie, diffamazioni, lesioni della riservetezza, in rete...purtroppo constatando una certa difficoltà di intervento.

Pertanto, tornando al titolo, la privacy - or rather, the tutelle of - I feel an irrepressible need today and not a fleeting phenomenon of fashion, or worse, an obsession to some. Analyzed the problems, it is time to look at strategies for contrast.

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Consumer Protection and aggressive commercial practices

The Consumer Code is an advanced tool for consumer protection law, however, seems to me - even after a long time since its publication - yet little known and popular among the "tools of the trade" of lawyers. And unfortunately there are few consumers who are aware of their rights and who can afford a legal tug of war "to affirm them in practice.

thus indicating that the artt.24-25-26 of the Consumer Code describes analytically some of the professional misconduct (or one acting in the course of his business or profession, or through an intermediary), defined as "aggressive commercial practices" aimed at inducing the consumer to take a transactional decision that would otherwise have taken . In particular I would highlight the following behaviors, which often are reported to the Consumer Associations, which are forbidden by law: " b) carry out visits to the consumer's home, ignoring the calls of the consumer to leave his residence or not to return except 'in the circumstances and to the extent that they are justified under national law to enforce a contractual obligation; "but, above all:" c) make repeated and unwanted solicitations by telephone, fax, e-mail or other means of distance communication, except 'in the circumstances and to the extent they are justified under national law, to enforce a contractual obligation, without prejudice to Article 58 and Article 130 of Legislative Decree 30 June 2003, No 196. "

In the latter case, although it is an issue of coordination of consumer law with that of privacy (which, depending on the interpretative reading of the text, could lead to an emptying of meaning of paragraph c, which would become little more than a duplication of part of the law on privacy), in particular, could be extended by interpretation and, of course, only in civil law, the specter of unlawful conduct spam - this is, after all - pointing out that even if a behavior is not disruptive of confidentiality, it is still detectable as "aggressive" and unfair to the consumer.

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Cyberstalking: report

A brief contribution on the popular Cyberstalking is published by the newspaper on-line point-to-computer. You can read it here

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article is approaching the deadline of March 31 ... Remember the DPS

On March 31 the deadline for drafting or updating Document on Security, better known as DPS. Do not forget!

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Cyberstalking: the threat grows, how to defend themselves?

cases of cyberstalking - harassment that is implemented with a data processing / electronic - are increasing in Italy. So much so that in the now no longer close 2006 were presented an interesting and different Bill bills, which, without the necessary background, laid the groundwork for addressing harassment seriously obsession, even with solutions to identified hoc.

Unfortunately, to date, has not yet reached a final decision.

In an article

published on American Lawyer had described the legal case of Cyberstalking and the main problems and I had a sad and easy to prophecy: the more widespread use of Internet in Italy would have meant, of course, an increase in cases of "crimes report "committed in the network.

Today, therefore, the cyberstalking is on the rise ... and the news is worsened by the fact that, increasingly, online sex offenders are not powerless and cleverly exploit the possibilities of anonymity provided by the network.

How to defend then the cyberstalking? Waiting for a law ad hoc, I would still give some advice, that, as elementary and trivial they may be, it never hurts.

Firstly, attention to personal data spread - because they can be manipulated and used to trace your identity - and the level of protection for your computer. Any shared folders on computer networks should be undertaken with great care and attention, moreover, controlled and always protect your connection from intruders and malware.

Secondly, if you are harassed, do not be afraid to contact the staff of the Postal and do it as soon as possible, even if only for advice on what to follow and whether the criminal law of the case.

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the profession of Peppermint

Are difficult times. But on the other hand, are always difficult times for those who see trampled their dignity, their freedom, their basic rights of the individual and this happens too often and in too many parts of the world.

And then I thought back in this space the preamble to the Code of Conduct Forensic. A text that sets out the principles and states that reminds us just how sacred and important to the profession of lawyer. And what is the role of the Defender: autonomous, free, critical to protecting the rights .

" The lawyer conducts its activities in full freedom, autonomy and independence, to protect the rights and interests the person, ensuring the knowledge of the laws and thereby contributing to the implementation order for the ends of justice. Exercising its powers, the lawyer shall ensure compliance of laws with the principles of the Constitution, in accordance with the Convention for the Protection of Human Rights and the Community legal order, and guarantees the right to liberty and security and inviolability of the defense provides the regularity of the proceedings and be heard. The rules of conduct are essential for the realization and protection of these values. "

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Case: issued the warrant of the Privacy

Interesting order issued by the Authority for the Protection of personal data on the case Peppermint. This is certainly a measure of fundamental importance that will mark a crucial matter of online privacy: you can read it here .

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Consumers: a brief overview on the protection of holidays ruined

The consumer is now increasingly recognized by the jurisprudence regarding the right to compensation for "damage ruined holiday." Such cases of damage, now also acquired the collective imagination and hence are increasingly demanded, the interpreter has a number of issues of great interest, its quantification up to his classification.

A question of considerable interest to the scope of Article. 98 of the Consumer Code, which, in paragraph 2, states that "The consumer can 'ALSO' complaint by sending a registered letter with acknowledgment of receipt, the organizer or seller, not later than ten working days from the date of return to place of departure ", the question that arises therefore is whether the peremptory nature of the short time limit set by the Code for the action for damages. The complaint placed in the ten days of the return should be considered as a condition of admissibility?

The issue is not an immediate solution (it would be interesting to have more views of the trial court) and therefore I would like to note with interest the interesting interpretation fornita dal Giudice di Pace di Castellamare di Stabia, che con la Sentenza n.98/2007 del 2 gennaio 2007 ha stabilito, tra l'altro che " Il reclamo sui difetti della struttura formulato senza il rispetto del termine di dieci giorni sostenuto dalla difesa della convenuta non può essere considerato condizione di procedibilità , perché non considerato tale né dalla normativa in vigore nel 2004, né dal successivo Codice del Consumo ex D.Lgs 206/2005".

Tale interpretazione, favorevole al consumatore, mi trova d'accordo e lascia certamente ben sperare, ma, in ogni caso, al di là di ogni questione dogmatico-interpretativa, raccomando a tutti coloro che volessero far valere le proprie pretese per damages resulting from the provision of tourism services, to send the complaint within ten days after returning from vacation: this can only simplify and speed up compensation where appropriate.

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Telecommunications: a vital link for consumer protection in network

colleagues who often do not deal specifically with consumer law ask me advice on procedure in cases concerning telecommunications. Quetst'oggi I found a useful link that summarizes the consumer's rights and recourse against the operators in terms of TLC http://www.agcom.it/guidatel/default.asp?content=diritti in the field of fixed telephony .

The link above fact leads to a useful "Guide fixed telephony services "provided by the Telecommunications Regulatory Authority and also complete any legislative basis. The text is written in an easy and smooth and therefore lends itself to being easily usable by the consumer without legal experience. Moreover, by the same page you can quickly access other useful guides on the rights, power and telecommunications. An excellent service, I invite everyone to see.

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Defamation

I write this short post, prompted by reading an article online that describes how are increasing in Italy, claims for defamation in respect of blog managers.

I already wrote a post on libel Networking and here I must reiterate what was said earlier: the back, without checking the sources and verify its reliability, inveritieri facts, injurious to the reputation and dignity of others is a crime.

Article. 595 Criminal Code punishes those who in fact, outside of the cases punishable by art. Cp 594, or the insults, "communicating with more people offends another's reputation" and that crime can be parted only by the existence of freedom of the press, or, as stated in a clear and precise even in Cass. Civ. Sec. III 19.01.2007 n.1205 the existence of the threefold truth (putative but also based on a serious work of research and control), and the interest of continence public.

Internet is a powerful communication and should be used with extreme caution: a news report incorrectly can mean a huge boost in the damage to the reputation of a person, therefore I can only advise bloggers to write about events and individuals always with the utmost caution, having respect for the people involved and keeping the Law and instructions of the Supreme Court.