It seems IMHO designed just to release Lexis/Nexis from potential liability
by employing this "due diligence" sort of mechanism.
IF they should end up with some psycho obtaining data eventually used to
cause injury/harm, then L/N can point to their "permissable use" "gadget &
say they cooperate w/ LE. Also the disclaimer will deter *some folks
considering misuse. - maybe not the psychos but a
few who may be tempted to misuse data for less serious transgressions -
perhaps only nosey violations but nevertheless violations of privacy -
either way, it puts the liability on the user, not the provider..
.
Karen Mahnk,
Reference Librarian
Lake Park Public Library
529 Park Avenue
Lake Park, Fl., 33403
561 881-3330 Fax: 561881-3336
kmahnk@lakeparkflorida.gov
www.lakepark-fl.gov
On Tue, Aug 19, 2008 at 11:27 AM, Grady, William H. <
williamgrady@paulhastings.com> wrote:
> Well, Lexis redid its Public Records section and in the new section they
> include two Permissible Use dropdown menus.
>
> On Accurint, I was surprised one day to find out that if you check the
> "wrong" box, you get access to less of the service than if you check the
> "correct" box. But, of course, there is no explanation whatsoever of what
> you check off to get the maximum access. On Accurint there are two screens
> of categories to select from.
>
> When Lexis redid the Public Records section they have taken a page from
> their subsidiary, Accurint and have included these two annoying screens
> condensed into the two dropdown menus.
>
> Lexis includes this helpful footnote:
>
> This service may contain information governed by the Drivers' Privacy
> Protection Act, 18 U.S.C. ยง 2721 et seq., and related state laws
> (collectively the "DPPA"), and the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et
> seq. (the "GLBA"), and other applicable laws, rules, and regulations.
> Pursuant to the DPPA, the GLBA, and your user agreement with LexisNexis, a
> division of Reed Elsevier, and its affiliated companies (collectively for
> purposes of this paragraph, "LexisNexis"), you represent and warrant that
> the data regulated by the DPPA and the GLBA may be used only for the
> permissible uses listed in the drop down boxes above. By selecting a
> permissible use, you are certifying that the data returned to you will be
> used only for that specific use. If you do not have a permissible use, you
> must select "I have no permissible use," and you will not be given access
> to that data. As required by law and its agreements with its data suppliers,
> LexisNexis will record your User ID number and your selected permissible use
> for each search of the data regulated by the DPPA and the GLBA.
>
> This paragraph raises more issues than I am on about today, like the
> recording of my User ID in a datafile that may be discoverable by law
> enforcement, but my main problem with this statement is that it still looks
> like an inept choice of usage from the dropdowns changes the amount of
> information you can recover.
>
> This is a first on Lexis, where the user can get different results by
> selecting from these drop down menus.
>
> I wonder if anyone has thought about this new requirement and has had any
> feedback from Lexis about it.
>
> Thanks
>
> *__________________________________________________________________________________________
> *
>
> *William H. Grady, Librarian*| Paul, Hastings, Janofsky & Walker LLP | 875
> 15th Street, N.W., C003, Washington, D.C. 20005 | direct: 202 551-1258 |
> main: 202 551- 1700| direct fax: 202 551-1705 | williamgrady@paulhastings.com
>
>
>
>
>
>
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