Guarantee IV- Data Distribution
No Party shall, at any time, allow or be allowed to transfer, distribute, or transmit, without express, explicit, written, and informed consent, any data, information, metadata, activities, property, both physical and intellectual, or rights belonging to any other Party.
This means no doxing, no identity theft, and no content piracy. An individual has the right to protect and control their private information and the things they create. Fair use exists for a reason, and its protections are extremely important, and I would argue fall under the 1st and 2nd Guarantees.
Guarantee V - Data Transfer In Criminal Prosecutions
No data shall be turned over to governments or law enforcement except upon presentation of a warrant, supported by oath or affirmation, and meticulously describing the information to be seized.
That means that if a government wants your info, they had better be able to prove they have a reason to take it. A very specific reason. It had been suggested by Firm Word that the language be changed to require a warrant in the location where the PLATFORM is located. The reason I’ve stated this guarantee this way is because many Platforms have offices in multiple countries, so that would mean the country with the strictest laws would have their laws apply to the entire Platform. If a country has blasphemy laws, for example, anyone who commits blasphemy under those laws, in any country, could be held liable. If you break a law in the country you’re currently in, you should be held accountable. This wording actually protects both End Users and Platforms because a Platform located in the United States may not comply with a foreign government, so the foreign End User would be more likely to be protected. Finally, if we were to apply those suggested changes, that would put this Guarantee in conflict with Article VII – Section 3.
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