- Case Number: a20120815.1
- Status: closed
- Claimants: F.Z.
- Respondents: CAcert
Initial Case Manager: JoelHatsch
Case Manager: EvaStöwe
Arbitrator: MartinGummi
- Date of arbitration start: 2013-11-26
- Date of ruling: 2013-11-27
- Case closed: 2013-11-27
- Complaint: removal of post on mailing list
- Relief: TBD
Before: Arbitrator Martin Gummi (A), Respondent: CAcert (R), Claimant: F.Z. (C), Case: a20120815.1
History Log
2011-08-15 (issue.c.o) case s20120815.5
- 2012-08-17 (iCM): added to wiki, request for CM / A
- 2012-08-15 (support) : message deleted, request for check and precedence ruling
2013-11-02 (CM of a20110908.1): C also involved in a20110908.1
- 2013-11-26 (CM): I take care of this case as CM
- 2013-11-26 (A): I take care of this case as A
- 2013-11-26 (CM): init mail to C
2013-11-26 (CM): NDR recieved for init mail -> informed A & CM of a20110908.1 about NDR
- 2013-11-26 (CM): askes support for secondary email to account
- 2013-11-26 (Support):cannot find email address in the system
2013-11-27 (A): informing A/CM of a20110908.1
- 2013-11-27 (A): closing
Original Dispute, Discovery (Private Part) (optional)
Link to Arbitration case a20120815.1 (Private Part), Access for (CM) + (A) only)
EOT Private Part
Discovery
- got bounce for init mail to C
- no information found the system to mail-address from C
know other email-address involved in delete-account-case a20110908.1
- those other email does is not in use by C anymore
Cannot find a way to contact C.
Since there is already a delete-account case and no account can be found for C, a CCA-violation case is futile.
Further information on the state of the account cannot be sent to C.
Another party (Support) is interested in a ruling for this case, so it should not be dismissed.
Ruling
Related Arbitration a20101025.1 Support have the authorisation to remote this post.
- Since the dispute was filed a precedent case was ruled about when support can remove single posts to CAcert mailing lists.
- The named conditions of the precedents-ruling are:
- The original author of the post requests the removal of the post for a valid reason. Support personnel and mailing list owners decide whether a given reason is valid. Typical valid reasons include "accidental posting" and "disclosure of confident data".
- Anyone claims personal data concerning him-/herself is published in a posting, and the original author agrees the deletion of the post.
- Both conditions apply in this case, so the precedent ruling should be followed.
- The removal of the post is authorized.
Lübeck, 2013-11-27
Execution
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