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Nov
26

Paypal Legal Updates

Posted 26. November 2022 by Logistik-Express in Allgemein

The service wrote to its users: “We are making some changes to our legal agreements that apply to you. The list of prohibited activities already covered topics such as the sale or transaction of sexual material, illegal drugs, criminal activity, fraud, promotion of hatred or violence, and infringement of intellectual property rights and privacy – so why add another section that says essentially the same thing, but extends it to broadcasting, Publish or publish content that PayPal consider “harmful”? All changes and updates to legal agreements are highlighted in italics on this page. This emphasis is placed on the need to ensure better traceability of changes and updates made. M. Higgs added: “PayPal don`t punish people for misinformation and that language was never intended to be included in our policy. Our teams have made appropriate updates to correct these inaccuracies and we apologize for the confusion this has caused. Are PayPal subject to legal or regulatory review of their usage policies, even if they have since withdrawn the proposed update? If they don`t intend to include this language, there would be literally no reason to write an update to the policy, let alone review it in several passages by Legal, posted online and emailed to account holders. “You can also view these changes by visiting paypal.com/uk, clicking Legal at the bottom of the page, and then selecting Policy Updates. “U.S. and European officials have been trying for years to agree on a legal mechanism to replace the Privacy Shield, a data pact that allowed companies to securely transfer data across the Atlantic, which was struck down by European courts in 2020 for surveillance reasons in the United States.” I wrote. “But an agreement proved difficult to reach, even as companies demanded clarification on the legality of data flows.” The new pact has not yet been ratified in Europe, which could take months. It is unclear whether it will stand up to challenge in European courts. “At first glance, it seems that the fundamental issues have not been resolved and sooner or later they will return to the [Court of Justice of the European Union],” Austrian privacy activist Max Schrems said in a blog post.

Schrems` legal challenges have heralded the end of the Privacy Shield. On the policy updates page, the summary was removed: “We are expanding the existing list of prohibited activities to include the sending, posting or posting of messages, content or material that meets certain criteria.” In my opinion, there is still a lot to worry about, and if I hear that PayPal push things that far, I will certainly update. At least for now, I see no indication that this is the case or that this update would allow them to do so without legal consequences. I would argue that the legal department is likely to be in CYA mode before potential legal challenges and legal or regulatory changes can arise, whether it`s changes to the UK Online Safety Act or the impact that could result from the recently announced decision by the US Supreme Court to take on a case that challenges Section 230. We are making changes to the legal provisions that govern your relationship with PayPal. Allowing private companies to become thought policemen would be outrageous and illegal. My office will investigate the validity of the new PayPal policy and take all necessary steps to end this type of corporate activism. It`s not that any other changes were planned and “whoopsie” this part just slipped and skated somehow through several Legal reviews. As the screenshots below show, the rest of the AUP remained exactly the same – the only change was to include this section on “sending, posting or posting messages, content or documents” that PayPal find offensive. Whether or not you agree with organizations like the Free Speech Union or UsForThem, there are very real and serious questions here about who can define what counts as hate speech or misinformation, and what should happen if an account is deemed a violation of policy. Lily Hay Newman, security editor at Wired, said PayPal was canceling the update, saying it was “never intended to be included in our policy.” The $2500 damages have been in the policy since September 2021. This can be confirmed by a search in the Internet Archive.

The move prompted a rare rebuke from former PayPal chairman David Marcus, as well as Elon Musk, who sharply criticized the moderation practices of social media companies and made changes to Twitter when closing its sale deal. “The government should amend the Online Safety Act to protect individuals` and organizations` access to basic digital infrastructure, rather than giving companies more power to act as censors.” Should PayPal be allowed to benefit financially from these decisions by withholding damages and freezing funds if they close accounts for violating the policy? Meta denied the FTC`s allegations. The FTC`s case is “based on ideology, not evidence,” Meta told Bloomberg News, adding that the amended complaint did not include claims from the original complaint that Meta`s popular game Beat Saber is in direct competition with Within`s Supernatural app. “The FTC now says Meta and Supernatural are not competitors, having previously claimed they were,” Meta spokesman Stephen Peters told Bloomberg News. READ MORE: New pension rules will prevent millions of POSA from transferring money A group of parents who fought to keep schools open during the pandemic is the latest to have their account shut down by PayPal due to the “nature of their activities”.

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