Let's start with the truth. SETC claims that they took 250 billion ISK from FA. This amounts to (At $34.99 USD for 1 billion isk at today's plex prices) $8,747.50.
Fencejumper, Belgarion Locksley and other members of the corp were proud of their actions. They sent a mail to the entire alliance claiming it as their going away present. They even bragged about it on Eve News 24, posting their own screenshots to show that they wanted the public notoriety for their actions.
The problem is, FA is part of a larger coalition, and there was always the potential for one of these players to get into another alliance. As such, we post to our blacklist is part of our policy of alerting our allies of problems. We use known, valid e-mail addresses because they are identifiers that are not easily changed and are critical to verifying identities beyond the player or even their alts that we are aware of.
Sure, one of these players is not happy about the fact that his e-mail is now tied to the taking of almost $9,000. I'm sure another one isn't happy that his very small computer services company's name is probably starting to come up as being tied to the removal of $9,000 of stuff that simply wasn't theirs. It isn't good for business. Yes, I'm sure he can explain to potential clients that it is just a game and he did things within the mechanics of the game. It may be harder to explain to a perspective employer, but that isn't my problem. They were the ones who admitted to doing it. The simple fact is, the above statements are true. Fencejumper did take almost $9,000 of goods from the alliance. Belgarion Locksley did send an e-mail bragging about it.
Then today, this arrived in our inbox.
This is a formal request to have my personal E-Mail address in addition to several others removed from your publicly accessable blacklist hosted on your site (fatal-ascension.com <http://fatal-ascension.com/>) (https://www.fatal-ascension.com/inde...tion=blacklist
). This request is an attempt to prevent any further harrasment emails as a result of your placing myself and my colleagues on your blacklist not only by ingame character name (for Eve Online) but also in many cases personally identifiable E-Mail addresses that include true Legal forename and surname.
The basis for this request is brought from the Data Protection Act of 1998 for the United States, Where your servers are physcially located according to an internet search of the domain (fatal-ascension) (188.8.131.52):
OrgName: Great Lakes Comnet, Inc.
Address: 1515 Turf Lane
Address: Suite 100
City: East Lansing
Please remove the offending material as soon as possible as to protect my any my colleagues personal privacy.
Now, the above is true. We are using their e-mail address as an identifier on our blacklist. The server is hosted in Michigan. There is absolute proof of this being true. Here's the problem. Stuart Jay is requesting we remove his e-mail based on the Data Protection Act of 1998 for the United States (I'll ignore the horrible capitalization).
Here, you can see the data protection act. http://en.wikipedia.org/wiki/Data_Protection_Act_1998
Yes, that's right. There is no Data Protection Act of 1998 for the United States. None, zero, zip. Yes, there is one for the U.K. but last I checked, Michigan hasn't fallen into that jurisdiction for about 250 years (Back in the Quebec Act days of 1774). I am fairly certain that all application of British Law stopped in Michigan at that time. (Ok, it was really the Treaty of Paris of 1783, and 229 years since Her Majesty had jurisdiction, but who is counting).
This is a false legal threat created through lies and deceit. While the first amendment grants Mr. Jay the right to make any statements he wants (within reason), this claim is patently and undeniably false. It is just further proof that Mr. Jay and his associates have no desire to be honest or truthful in their dealings with anyone in this alliance. They are concerned that their lies will live on the internet forever publicly tied to their names and now they are resorting to more lies to try and have them removed. The fact is, in order to be considered slander (which would be the only actionable legal ground in the United States), the claims that caused them to be placed on the list would need to be proven not only false but maliciously false. And as they've admitted themselves on other websites, the claims are true and are their own words with regards to their actions.
Now, lets say we were in the U.K. That there was some actual legal basis to all of this. The problem is, the act they are quoting says
Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-
at least one of the conditions in Schedule 2 is met, and
in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
The data subject (the person whose data is stored) has consented ("given their permission") to the processing;
Sensitive personal data must be processed according to a stricter set of conditions, in particular any consent must be explicit.
Well, the issue is that the purpose of the data is to play Eve. The e-mail was entered into our database by Mr. Jay himself. It is still being used for the purpose of playing EVE.
Now, the act does allow him to have his data removed. Here is the exact cause that allows it to be removed.
The Act refers to the “right to prevent processing”. Although this may give the impression that an individual can simply demand that an organisation stops processing personal data about them, or stops processing it in a particular way, the right is often overstated. In practice, it is much more limited. An individual has a right to object to processing only if it causes unwarranted and substantial damage or distress. If it does, they have the right to require an organisation to stop (or not to begin) the processing in question.
Since his current situation is "receiving harassing e-mail" which can easily be ignored by deleting the first one and blocking future mails, this does not qualify as "unwarranted and substantial damage or distress". Sorry, but no luck there.
Sensitive personal data concerns the subject's race, ethnicity, politics, religion, trade union status, health, sex life or criminal record.
And since an e-mail address meets none of the above, it does not require explicit consent.
So, even getting the continent wrong, the country wrong, and a myriad of spelling and grammatical mistakes (If you are going to claim harassment, please be able to spell it), he even got the law itself wrong. So even if our server was under Her Royal Majesty's purview, the law still would not apply.
Any issue of harassment, would be between Mr. Jay and the offending person, not this website.
However, we are not evil. I understand the damaging implications to Mr. Jay and his associates. I wouldn't want my name tied forever to an admitted taking of almost $9,000 that I was entrusted with. We will remove the e-mail addresses of all SETC members from our blacklist for repayment of the 250 billion ISK to Clan Shadow Wolf by August 24th. We will also remove all e-mail addresses from this post at that time, if the above is met.
The choice is yours.