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Forums » Behavioral Advertising Could Be Illegal » IP right in own personal data?
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amigo_boy

join:2005-07-22
Tempe, AZ
·magicjack.com
·EarthLink

reply to nasadude
Re: IP right in own personal data?

said by nasadude See Profile :

I wonder if the argument can be made that a person has copyright over his own personal data?
It would be a little more involved than that. But, it's possible. ISPs would argue that your activities are "facts" and facts can't be copyrighted. But, you could argue that your activities as a whole (the compilation of individual activities/facts) is creative expression. Even that your online activities are a "performance."

It would be a stretch. And, all they'd have to do is change their ToS to say you surrender your copyright interest in exchange for using their service.

The stronger position is to sue ISPs using the same laws used to sue them over disclosing information to the government. Those laws were put in place to prevent telcos from disclosing personal information (like call records). Disclosing information about sites you visited seems similar to disclosing phone numbers you called.

Mark
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