Re: Involuntary Information Gathering

From: Cem Kaner <kaner[_at_]kaner.com>
Date: Tue, 13 May 1997 17:06:44 -0700 (PDT)

On 5/11/97, Abraham de Wolf <abraham.de.wolf[_at_]sap-ag.de> wrote:
>
> I noticed that we have two opinions on wether the collection of data of
> visitors to a web site by socalled cookies would be in violation of the
> European Databases Directive. I say no and Cem says yes. May I ask Cem
> to give his reasoning? The Directive only protects the "makers" or
> "rightholders" of a database (and then they also must be "nationals of
> a Member State or have their habitual residence in the territory of the
> Community".), according to Article 11 of the Directive. A visitor to a
> web page is not the maker or rightsholder to that page or better does
> not become one by visiting it ;-).
>
> By the way, violators of the laws which are passed in accordance with
> this Directive will provide both civil and criminal remedies as is
> already provided for by the national copyright laws of the Member
> States But, so my position, using "cookies" does not violate European
> Copyright law or the refered Directive.

I am in Houston, away from my library. I'll gladly respond when I get back and can read the Directive more carefully.

• Cem

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Cem Kaner, J.D., Ph.D.				       Attorney at Law 
P.O. Box 1200           Santa Clara, CA 95052             408-244-7000

Author (with Falk & Nguyen) of TESTING COMPUTER SOFTWARE (2nd Ed, VNR)

This e-mail communication should not be interpreted as legal advice or a legal opinion. The transmission of this e-mail communication does not create an attorney-client relationship between me and you. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney. Received on Wed May 14 1997 - 00:09:15 GMT