Date: Tue, 19 Jul 2011 15:54:32 +0200 From: Damien Fleuriot <ml@my.gd> To: freebsd-questions@freebsd.org Subject: Re: Tools to find "unlegal" files ( videos , music etc ) Message-ID: <4E258C98.8010109@my.gd> In-Reply-To: <201107191157.p6JBvwf0032763@mail.r-bonomi.com> References: <201107191157.p6JBvwf0032763@mail.r-bonomi.com>
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On 7/19/11 1:57 PM, Robert Bonomi wrote: >> From owner-freebsd-questions@freebsd.org Tue Jul 19 05:54:52 2011 >> Date: Tue, 19 Jul 2011 12:54:38 +0200 >> From: Damien Fleuriot <ml@my.gd> >> To: "C. P. Ghost" <cpghost@cordula.ws> >> Cc: Frank Bonnet <f.bonnet@esiee.fr>, >> "freebsd-questions@freebsd.org" <freebsd-questions@freebsd.org> >> Subject: Re: Tools to find "unlegal" files ( videos , music etc ) >> >> >> >> On 7/19/11 11:06 AM, C. P. Ghost wrote: >>> On Tue, Jul 19, 2011 at 8:55 AM, Damien Fleuriot <ml@my.gd> wrote: >>>> On 19 Jul 2011, at 08:15, Frank Bonnet <f.bonnet@esiee.fr> wrote: >>>>> In France it's illegal and I have my boss's instruction : >>>>> >>>>> - find and delete the files that's all. >>>> >>>> Bon courage then... >>>> >>>> A file can not be illegal per se, so you won't be able to detect >>>> these by looking up names or contents. >>> >>>> Even then, if a file is labeled as personal, privacy protection >>>> applies and it is *unlawful* for you to process it. >>> >>>> (That is in the same way that your employer is strictly forbidden >>>> from peeking inside your email messages clearly labeled as personal, >>>> even if they were received on your work mailbox.) >>> >>> Exactly! >>> >>> Speaking with my university sysadmin hat on: you're NOT allowed to >>> peek inside personal files of your users, UNLESS the user has waived >>> his/her rights to privacy by explicitly agreeing to the TOS and >>> there's legal language in the TOS that allows staff to inspect files >>> (and then staff needs to abide by those rules in a very strict and >>> cautious manner). So unless the TOS are very explicit, a sysadmin or >>> an IT head can get in deep trouble w.r.t. privacy laws. >>> >> >> The poorly written IT TOS of a company can never bypass the law, >> regardless of anything you agreed to in your company's TOS. > > "male bovine excrement" applies. > > For example, if it is part of the _terms_of_emplyment_ -- which one > *agreed* to, by going to work there --that you (the employeee) give > permission for the company, or it's agents, to examine any file you > store on the system. > >> It *is* unlawful for them to even open your files as long as they are >> clearly labeled as private. > > Oh my. making back-ups is unlawful. Replacing a failed drive in a RAID > array is unlawful. Re-arranging storage allocation is unlawful. *SNORT* > You're playing dumb. On purpose. That's called trolling. That's frowned upon, both by the community and by the list's charter. Just because you sign a bit of paper doesn't make everything it contains law. I do not have to remind anyone of the number of cases where, for example, ISPs got condemned for abusive terms in their contracts, and said terms nullified. A quick google search finds, again for the example, a case where Free.fr got pinned for 32 such abusive terms: http://www.clubic.com/forum/internet-general/free-32-clauses-abusives-selon-le-tgi-de-paris-id251470-page1.html > Under the laws of _what_ jurisdiction? > http://www.acbm-avocats.com/spip.php?article37 Files are considered to be work related UNLESS they're clearly labeled/named as private. In which case the employer may not open said files in the absence of the employee. Just because you do it doesn't make it legal. >> To open them, they would require a judge's injunction, for example in >> cases of pedo pornography or the like. > > I guarantee you that _I_, as a system administrator, don't need a court > order to do such things. And, if you claim otherwise, you better be > prepared to cite the statues that prohibit it. > Again just because you do it doesn't make it legal. Regarding statutes that prohibit it, see above, plus: European Fondamental Rights: http://www.europarl.europa.eu/charter/pdf/text_fr.pdf Code du travail: http://www.legifrance.gouv.fr/affichCodeArticle.do;idArticle=LEGIARTI000006901852&cidTexte=LEGITEXT000006072050&dateTexte=20080513 > This is a corporate environment, it is in the terms of employment that > company computers are for "business use only", that anything on the > machines is 'work done for hire', and thus property of the company. > I hope we'll agree to disagree here. Jurisprudence allows reasonable use of work computers, given that the employee respects L120-4 of Code du Travail. This one here clearly acknowledges an employee's right to a reasonable personal use of his employer's internet connection: http://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000019166094&fastReqId=2101417007&fastPos=1 >>>> You may want to look for files that are unusually large. >>>> They could possibly be ISOs, dvdrips, HD movie dumps... >>> >>> Not to forget encrypted RAR files (which btw. could contain anything, >>> including legitimate content, so be careful here). >>> >> >> It would be unlawful to try to brute force the files' password ;) > > The last I knew (admittedly a number of years ago), encryption was illegal > in France, EXCEPT where the encryption key is on file with the Government. > Many multi-national corporations made sure to route their 'secure' traffic > _around_ France for that specific reason. > > Find an encrypted file, and demand that the user show that the key is > on file with the gov't. *EVIL*GRIN* > You are not entitled to such a demand. The same way I just can't barge in to your house and demand to see your permit to build there. The same way I just can't demand your driver's license unless I'm law enforcement. By the way, you're wrong again. Encryption is perfectly legal in France up to a specific key length, above which you are supposed to register it with the government. Hey look, all your points were moot and easily rebuked.
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