Legal Question in Technology Law in Pennsylvania

Re: restrict use of directory listed on website

They can try, but it will not be successful. There are two main reasons. The first is that the information is factual and could be obtained from anyplace. The person publishing the list can try to make it a proprietary list but without something unique this claim will fail. The second reason is that it is simple human nature to use information that is available.

Simply put there is no way to enforce a claim that the information was obtained against the provisions of the click agreement. The click agreement (the prohibition on the website) may be enforceable but the association would need to prove that the business obtained that information from the proscribed web site.

In my opinion there is no reason for an association to make a publicly available list of member's name and addresses. It should at the least be behind a password protected authorization. This would provide a little more enforceability.

With the great problem that exist currently with ID theft and invasions of privacy there is no need or excuse for an association to provide a list of members with names and addresses. I can think of so many reason that recommend against such a policy.

I would be happy to prepare and present a short discussion on this topic for your group if you'd like.

Regards,

Roger Traversa

email: [email protected]