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Originally Posted by Chroma
with my strong feelings about my children being profiled and being unable to provide any legal consent to have this done being put to one side, i have another interesting avenue to explore.
I have a cousin whos mentily handicaped (is this the correct PC term nowadays?) he goes online a lot to browse different flash based sites because he likes the cartoons and video clips on them.
He uses the internet frequently and although hes 19 he has the equivilent mental capacity of a nine year old at best. his litterary and numaracy skills are severely lacking.
Where does he stand is the informed consent debate? i mean i figure for informed consent you would need to fully understand the way in which a contract would impact on your life, without wanting to sound eletist or put the guy down in any way im fairly certain that thats beyond the level of his comprehension.
Even if i was presented a complete document detailing exactly what i was signing up to and indeed gave my full informed consent to be a battery hen where does that leave my cousin and others in the same situation, not to mention my children?
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The term is mental disability.
Now with regards to consent I'd say a child (especially below 12) cannot give informed consent and I would expect there are laws in place with regards to vulnerable adults too (I'll ask my wife later - she works extensively in this field).
As for Struan Robertson's article on out-law.com he says;
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After reading Dr Clayton's paper and other reports, attending last month's meeting and talking to Ertugrul, I think I understand most of what Phorm does and doesn't do. I am confident that I do not understand all of it.
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Well I've got some news for him - you obviously understand Phorm/Webwise (and the Internet) less than you think. For instance he also says;
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Arguably Google breaks copyright laws when it indexes the web; Arguably Microsoft breaks anti-spam laws when it attaches tiny ads to the foot of Hotmail emails. But nobody cares about such minor transgressions. After all, where's the harm?
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Webmasters allow (and know how to dissallow) their sites to be indexed and Google don't hide what they do, they leave a trace in the Webmasters logs - Phorm/Webwise doesn't. You sign up to Hotmail with all its T&C's so if you don't like their way to provide free email use another. So what transgressions or harm is he on about? He doesn't understand does he.
I could go on but why bother, he's had a meeting with Kent and believes the sales pitch - how sad.