[81198] in North American Network Operators' Group
RE: Administration Asks Appeals Court To Compel ISP Searches
daemon@ATHENA.MIT.EDU (Chris Ranch)
Tue May 31 15:55:52 2005
Date: Tue, 31 May 2005 15:54:10 -0400
From: "Chris Ranch" <CRanch@Affinity.com>
To: "Jason Frisvold" <xenophage0@gmail.com>
Cc: "Fergie (Paul Ferguson)" <fergdawg@netzero.net>,
<nanog@merit.edu>
Errors-To: owner-nanog@merit.edu
On May 31, 2005 12:39 PM, Jason Frisvold wrote:
> On 5/31/05, Chris Ranch <CRanch@affinity.com> wrote:
> > Looks like they want us to turn over customer info without the=20
> > subpoena, but simply with a phone call (or whatever) from an=20
> > investigator. I would hope that would be just for specific=20
> accounts,=20
> > and not the entire customer list. In any event, now we're going to=20
> > have to at least confirm the investigator's identity, whereas=20
> > currently the sub carries sufficient authority.
>=20
> Ugh.. Ok, so it's a "Hi, I'm an FBI Agent. Gimme info on=20
> Joe Blow and Mary Jane" and I'm supposed to jump and give out=20
> that info... No questions asked...
I just reread the article, and realized I got it wrong. There is some
paperwork: "The ruling came in a lawsuit by the American Civil Liberties
Union and an Internet access firm that received a national security
letter (NSL) from the FBI demanding records."
So, the NSL isn't judge or grand jury authorized, just the FBI
investigator.
> I'm not so opposed to the "don't tell anyone" part. When we=20
> receive a subpeona for a criminal case (as opposed to a civil=20
> case), the subpeona usually states that the subpeona and=20
> information being requested can't be discussed by anyone. =20
> Whereas a civil case allows us to tell the customer if we want to.
That's a good question. Has anyone seen an NSL, and/or know if we're
gagged?
> My problem would be the handing over of information to what=20
> is essentially an unknown party.. That wonderful law would=20
> allow a terrorist or other crook to impersonate an=20
> investigator and gather information..
Do you double-check sups back to the signing judge? Does anyone? =20
Chris
Affinity Internet, Inc.
