@MattKC:
if you are a hammer vendor you cant make sure than ppl who buy your tool wont use it do bad things with it... ...and its not your responsibility as a service provider.
I am going to come around and bash your skull in until you're dead for using that analogy.
Now if I did you are correct, the guy that sold me the hammer can't be responsible in any way. But If I said that on FR in response to a client pissing me off would FR not be responsible for allowing that comment to a) exist and b ) let others see it and c) not doing something about it? The answer you are looking for is yes they would be. In fact there is no they, Harzem is personally liable for any damage FR may cause because he allowed it to exist as the data controller.
Now that may seem extreme of course but it only takes one serious event and Harzem could easily find himself in big trouble over a service that whether he likes it or not breaks EU rules for a start. Search around, it's usually only after some shit hits the fan that you find out what you are liable for when running a service that holds data that then causes harm.
It's all well and good saying FR can only advise providers to mention in their terms that they may send information to FR but Harzem can't avoid responsibility for the content he has as a data controller. It makes no difference which provider submitted it, once it's in his possession (encrypted or not) he becomes liable.
Remember once you submit a report to FR the provider no longer controls it, it is not his responsibility. I believe it's possible for the provider who reported it to remove it, possibly change it.
But let me be clear again:
Once submitted to FR, the submitter can be held liable for making the comment but not responsible for the existence of the data, he has passed responsibility to FR because the data is no longer in the submitters system.
But anyway I will duck out of all this now, I don't want @
MannDude to think I stayed around after my last thread and I can't have Colocrossing thinking I don't love them by being here.
Impeccable timing, just seen this on LET,
https://www.fraudrecord.com/api/?showreport=5a97456bc264f109