#10 WIP: Terms of Service reimplementation to comply with relevant law

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kreyren wants to merge 3 commits from Kreyberg/org:tos-rewrite into master
kreyren commented 3 months ago

DISCLAIMER: This is not a legal advice that would create client to lawyer relationship.

Influenced by Codeberg/Community#277

This merge request is trying to rewrite the arguably terrible terms of service that doesn't provide a process for suspension of the account making the provided hosting of the code unreliable as the code can be removed without notice at any time quotting:

You may close your account at any time. Please be aware that it is your responsibility to remove content and contributions that you no longer wish to persist. All other content previously contributed by you will remain visible to other users of the platform.

Which can be done in a more civilized manner allowing the end-users to (if needed) migrade their code and have trust in Codeberg's ability to provide the code to the general public through the gitea instance.

The terms of service also seems to have failed to cover few important parts namely:

  • Minors
  • Handling of legal issues through an out-of-court solutions to avoid potentially resource-intensive lawsuits.
  • Service is too restricting when it comes to the content provided even when codeberg is covered by the generally agreed "service provider responsibility" further explained in https://www.eff.org/files/eff-ospbp-whitepaper.pdf and https://www.eff.org/issues/cda230 making the service not responsible for the content of the end-users and as such there should be a process to allow the authorities to enforce their legal right in their juridistical area instead of policing from the Codeberg e.V.

Relevant: Codeberg/Community#285

Signed-off-by: Jacob Hrbek kreyren@rixotstudio.cz


Decision made in terms of processing the data of minors

Relevant: Codeberg/Community#286

Using a checkbox at the registration form that says I have the legal right to consent to the processing of my own data in accordance to my juridistical area. that references the relevant clause in the terms of service should be enough for the time being.

We should also add an option to dislay a different form or printable documment that the minor can provide to the holder of parental responsibility over the child that can be either:

  • sent via the physical mail
  • Scanned document via the e-mail
  • electrically signed assuming legal document provided that identifies the invidual who is using the electrical signature

Proposed in Codeberg/Community#289

Decide on termination process

Proposed in Codeberg/Community#290

Concerns regarding service termination

TBD - In case the service gets confiscated by someone so that end-users would be able to get their data.

TODO

Figure out how to legally:

Other:

**DISCLAIMER:** This is not a legal advice that would create client to lawyer relationship. Influenced by https://codeberg.org/Codeberg/Community/issues/277 This merge request is trying to rewrite the arguably terrible terms of service that doesn't provide a process for suspension of the account making the provided hosting of the code unreliable as the code can be removed without notice at any time quotting: > You may close your account at any time. Please be aware that it is your responsibility to remove content and contributions that you no longer wish to persist. All other content previously contributed by you will remain visible to other users of the platform. Which can be done in a more civilized manner allowing the end-users to (if needed) migrade their code and have trust in Codeberg's ability to provide the code to the general public through the gitea instance. The terms of service also seems to have failed to cover few important parts namely: - Minors - Handling of legal issues through an out-of-court solutions to avoid potentially resource-intensive lawsuits. - Service is too restricting when it comes to the content provided even when codeberg is covered by the generally agreed "service provider responsibility" further explained in https://www.eff.org/files/eff-ospbp-whitepaper.pdf and https://www.eff.org/issues/cda230 making the service not responsible for the content of the end-users and as such there should be a process to allow the authorities to enforce their legal right in their juridistical area instead of policing from the Codeberg e.V. Relevant: https://codeberg.org/Codeberg/Community/issues/285 Signed-off-by: Jacob Hrbek <kreyren@rixotstudio.cz> --- ### Decision made in terms of processing the data of minors Relevant: https://codeberg.org/Codeberg/Community/issues/286#issuecomment-81861 Using a checkbox at the registration form that says `I have the legal right to consent to the processing of my own data in accordance to my juridistical area.` that references the relevant clause in the terms of service should be enough for the time being. We should also add an option to dislay a different form or printable documment that the minor can provide to the holder of parental responsibility over the child that can be either: - sent via the physical mail - Scanned document via the e-mail - electrically signed assuming legal document provided that identifies the invidual who is using the electrical signature ### Proposal: Legal handling of electrical signatures Proposed in https://codeberg.org/Codeberg/Community/issues/289 ### Decide on termination process Proposed in https://codeberg.org/Codeberg/Community/issues/290 ### Concerns regarding service termination TBD - In case the service gets confiscated by someone so that end-users would be able to get their data. ### TODO Figure out how to legally: - [ ] store the minor's essential information (email and username) - [ ] require the consent by the holder of parental responsibility over the child that are not at the age of consent to process their own data. Other: - [ ] Decide on handling of electrical signatures (https://codeberg.org/Codeberg/Community/issues/289) - [ ] Checked for typos (that @TheMainOne will be forced to do, he's a weirdo that is into these kinds of things).
kreyren started working 3 months ago
kreyren stopped working 3 months ago
45min 9s
kreyren started working 3 months ago
kreyren stopped working 3 months ago
1h 49min 38s
kreyren changed title from WIP: ToS: Rewrite to WIP: Terms of Service reimplementation to comply with relevant law 3 months ago
kreyren added spent time 3 months ago
47min
kreyren started working 3 months ago
kreyren stopped working 3 months ago
1h 11min 14s
kreyren commented 3 months ago
Poster

@kreysren you can help with this ^-^

@kreysren you can help with this ^-^
Poster

This pull request mainly consist of FIXMEs. Should we close it?

This pull request mainly consist of FIXMEs. Should we close it?
kreyren commented 3 months ago
Poster

This pull request mainly consist of FIXMEs. Should we close it? @tklein23

Note 'WIP' prefix, currently doing research in the subject to know how i want to implement it as tracking in the TODO section, help appreciated.

FWIW your reaction is most likely relevant to https://github.com/go-gitea/gitea/issues/12874 to make it more obvious about the state of the issue.

> This pull request mainly consist of FIXMEs. Should we close it? @tklein23 Note 'WIP' prefix, currently doing research in the subject to know how i want to implement it as tracking in the TODO section, help appreciated. FWIW your reaction is most likely relevant to https://github.com/go-gitea/gitea/issues/12874 to make it more obvious about the state of the issue.
kreyren added spent time 3 months ago
4h 38min
kreyren commented 3 months ago
Poster

Also note that i am currently working on this for 9h 11min 1s and i have a terrible headache from german law.

Also note that i am currently working on this for `9h 11min 1s` and i have a terrible headache from german law.
kreyren added spent time 3 months ago
50min
This pull request is marked as a work in progress. Remove the WIP: prefix from the title when it's ready
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Jacob Hrbek
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