Yes, you are a cyber criminal
16 November 2008Yes, we’re talking to you. Adrian Weckler examines 12 ways that the technology you use every day could land you in hot water with the law.
1. Putting a CD on to an iPod
This makes criminals of us all: it is illegal in Ireland to copy music from a CD on to an iPod, computer, mobile phone or other MP3 device. Although Irish copyright law has caught up with the concept of purchasing a song online and transferring it to your gadget, copying from a CD is still forbidden. (The same principle applies to burning a blank CD.)
Don’t worry, though, as the music industry has a solution to this problem - buy all your CD music again online. Alternatively, you can dust off your old CD Walkman (with a new backpack for all the CDs you’ll need).
2. Posting pictures on Flickr
Suppose you’re out and about and see a child frolicking in a fountain. Or perhaps a homeless man painting a mural. Or even a newly-married couple kissing. It is against data protection law to upload those images to your Flickr, Facebook or blog accounts. Those images are the personal data property of the subjects involved and explicit permission must be attained prior to uploading them.
3.Trying to flog unwanted concert tickets at work
Say you’ve bought two tickets for Fred Eaglesmith, one of Canada’s premier alternative country singer-songwriters. And say you can no longer attend the concert. What do you do? Send an invitation around your office’s e-mail database, of course. Problem solved, right? Wrong. You’ve just disobeyed the Electronic Communications Networks and Services Data Protection Regulation of 2003. It states that you cannot abuse privileged e-mail databases to market products or generally try to make money. Such actions are punishable by a fine of up to €3,000.
4. Bringing a TV with you on holidays
Because of the peculiar way in which Irish broadcasting legislation is framed, a TV licence is required for the premises in which a TV is used. And 99 per cent of the time, that is your home. But the moment you bring your TV outside the house - for use in a caravan, motorhome or any other abode - it is illegal to use the television without a TV licence for wherever the TV is turned on. Yes, that means your motor home needs a separate licence.
5. Lending DVDs to friends
Most of us ignore the warning at the beginning of every DVD we watch, the one that scolds us not to show the film on an oil rig. But a further legal obligation is also included: a ban on lending the product to someone. Although there is no record available of anyone being actually prosecuted for this (an offence under the product’s licence restrictions), it is still against the law.
6.Taking photos in private spaces
That new ten-megapixel camera fits right into your pocket - it’s perfect for those unforeseeable moments at lunch, in the pub or out and about. But wait, you’ll have to keep that camera shackled. When you are in a ‘public space’ - and that means shopping centres, restaurants, cafes or bars - you are not allowed to take photographs without permission from the building’s owner. Alas, the burly security guard who ‘‘doesn’t like the look of you’’ is right on this one.
7. Bitching over e-mail
We all love a good gossip. And in this age of electronic communication, giving out about someone on e-mail or text message seems a natural way to vent the spleen. Careful, though: defamation law applies as much to e-mails and text messages as it does to verbal outbursts. This is especially risky from an office computer or work mobile, as your employer also becomes liable.
8. Being a consumer champion on your blog
Among the entertaining rumblings and musings of bloggers are occasional customer relations reviews. In heated blog posts, words like ‘‘unprofessional’’, ‘‘incompetent’’ or ‘‘shoddy’’ are frequently thrown out. Big mistake.
You’re now wide open to a very real offline defamation suit, not to mention a humiliating online apology. Because even if the product or service you weren’t happy with is faulty, it’s another level entirely to accuse someone of not being up to their professional duties. Remember: this is not the US. Irish defamation laws are far, far tighter. (And no, it doesn’t make a difference because you wrote it on a website.)
9. Using iPods while driving
It’s not just a mobile phone you can’t use while driving: iPods are out, too. The Garda Siochana treats earphones as one of several signs that a driver is not in full and proper control of his vehicle. It can be used as the basis of a Garda warning or, when the current penalty points legislation is completed, two penalty points.
10. Showing news images on your blog
Supposing there’s a great story and you want to discuss it using whatever Reuters or news image is being widely used. You cannot use the image without express permission from Reuters, the Press Association, RTE or whoever owns it. It’s against Irish copyright law.
11.Video clips of your favourite show on your blog
It’s quite easy to post clips of videos or online content on your blog or Facebook account. You might take a few seconds of an RTE news bulletin and post it up. But it’s against Irish copyright law and could leave you open to a hefty fine, if the copyright owner catches you.
12. Giving out a mobile number
This sounds harmless enough. But not if you’re a ‘data controller’. Suppose someone asks you for a colleague’s mobile number because they need to contact her urgently about something. Give it out and you’re in breach of the Data Protection Act, subject to a possible fine by the Data Protection Commissioner.
With thanks to Maureen Daly, partner at Beauchamps.