[155813] in North American Network Operators' Group
Re: Copyright infringement notice
daemon@ATHENA.MIT.EDU (Anne P. Mitchell, Esq.)
Thu Aug 23 13:17:13 2012
From: "Anne P. Mitchell, Esq." <amitchell@isipp.com>
In-Reply-To: <CAM9VJk3gg9aJveEJdAtHsvtRvC8V0634Xz8Rhfn9ZbdS-eqACw@mail.gmail.com>
Date: Thu, 23 Aug 2012 11:16:13 -0600
To: nanog@nanog.org
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
>=20
>=20
> The 6 strikes system doesn't kick in til Jan 2013 AFAIK.
My understanding was that it started kicking in last month, but in any =
event, for whomever sent the original poster the complaint, it's clearly =
in effect now.
>=20
> Does the legal letter make any kind of demand? Usually the sender (aka =
copyright troll - a technical term) will be looking for personal info to =
associate with the IP in order to institute a shakedown of some nature. =
IANAL but I believe one can wait for a subpoena, and even then it's not =
open and closed.
Actually under the "copyright alert" scheme, the ISPs specifically are =
*not* to give up personal information, they are simply to take the IP =
address being reported as downloading copyrighted material, and =
determine *internally* who the user is, and then send the user the =
copyright alert, *without* sharing with the accuser who the user is. =20
And yes, in order to share user information forward-facing, one not only =
can - but one *should* - insist on a subpoena, as that will protect you =
from breach and invasion of privacy allegations by your own users =
(assuming your TOS, as it should, says something like "we will not share =
your private information *unless* required to by law" (and, IAAL :-) ).
Anne
Anne P. Mitchell, Esq
CEO/President
Institute for Social Internet Public Policy
http://www.ISIPP.com=20
Member, Cal. Bar Cyberspace Law Committee
How do you get legitimate email through in a spam-filtered world? =
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