[178687] in North American Network Operators' Group

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Re: Large Ontario DC busted for hosting petabytes of child abuse

daemon@ATHENA.MIT.EDU (jim deleskie)
Mon Mar 2 13:13:23 2015

X-Original-To: nanog@nanog.org
In-Reply-To: <20150302180302.GB94073@mikea.ath.cx>
Date: Mon, 2 Mar 2015 14:07:16 -0400
From: jim deleskie <deleskie@gmail.com>
To: Mike A <mikea@mikea.ath.cx>
Cc: "nanog@nanog.org" <nanog@nanog.org>
Errors-To: nanog-bounces@nanog.org

Canadian and US laws are similar.  But I'll leave it up to the lawyers to
figure it all out, happily I'm no where near this, but it being a small
industry here, I suspect I have friends that are dealing with some crap
right now


On Mon, Mar 2, 2015 at 2:03 PM, Mike A <mikea@mikea.ath.cx> wrote:

> On Mon, Mar 02, 2015 at 05:53:33PM +0000, Naslund, Steve wrote:
> > Don't know who this is but the legalities are pretty clear I think. The
> DC
> > is not required to know what data is stored but if the cops can prove
> that
> > someone DID know what was stored, that person can be criminally charged.
> > IANAL but I have worked with LE on a similar case and that is how it was
> > explained to us by the FBI. It will be hard to prove anyone knew however
> > since anyone that knew and did not report it committed a crime. Charging
> the
> > company will be a stretch unless they can prove that at least one
> corporate
> > officer knew. Otherwise the company will fire whichever employee knew and
> > say "He should have told us".
> >
> > This is all about who knew what and when.
>
> True in the USA, I think; but what about Canadian law?
>
> Popcorn and hyperhumongous drinks time.
>
> --
> Mike Andrews, W5EGO
> mikea@mikea.ath.cx
> Tired old sysadmin
>

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