[81210] in North American Network Operators' Group

home help back first fref pref prev next nref lref last post

Re: Administration Asks Appeals Court To Compel ISP Searches

daemon@ATHENA.MIT.EDU (Owen DeLong)
Wed Jun 1 01:31:35 2005

Date: Tue, 31 May 2005 22:30:32 -0700
From: Owen DeLong <owen@delong.com>
To: Jason Frisvold <xenophage0@gmail.com>,
	"Fergie (Paul Ferguson)" <fergdawg@netzero.net>
Cc: nanog@merit.edu
In-Reply-To: <924f2928050531115334a6d01@mail.gmail.com>
Errors-To: owner-nanog@merit.edu


--==========03EE62BF0B229D4FBBC5==========
Content-Type: text/plain; charset=us-ascii; format=flowed
Content-Transfer-Encoding: quoted-printable
Content-Disposition: inline

No.

An NSL is a letter that does not require any sort of court approval and
allows Law Enforcement to demand specific records and logs without=20
disclosure
and with no way to challenge the NSL short of challenging the=20
constitutionality
of the law authorizing NSLs in general.

The primary difference between it and a subpoena is the ability to =
challenge
it, and, the lack of requirement for court approval.

Some subpoenas come with gag orders, some do not.

ALL NSLs are automatically gag orders.

I have never seen an NSL and have never received one.  If I had, I would =
not
be able to say that I had or had not.  You can pretty well read between the
lines of the earlier poster that said he did not mean to imply that he had
or had not received an NSL that he most definitely had received some.  I=20
don't
know for sure, but, I'm pretty sure that's what it meant.

Not having received one, I have no gag order, so, I am free to tell you I
haven't received one.

Owen


--On Tuesday, May 31, 2005 14:53 -0400 Jason Frisvold=20
<xenophage0@gmail.com> wrote:

>
> On 5/31/05, Fergie (Paul Ferguson) <fergdawg@netzero.net> wrote:
>> Worth knowing how this all falls out, methinks.
>>
>> http://www.securitypipeline.com/163702151
>
> Am I understanding this correctly?  Are they trying to get ISP's to
> release all customer information up front without any sort of legal
> request?  I don't have a problem releasing information asked for in a
> subpeona, but to turn over an entire customer list without any
> specific criminal charges having been files is a little much.
>
> Please tell me I'm misreading this...
>
>> - ferg



--=20
If this message was not signed with gpg key 0FE2AA3D, it's probably
a forgery.

--==========03EE62BF0B229D4FBBC5==========
Content-Type: application/pgp-signature
Content-Transfer-Encoding: 7bit

-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.2.3 (Darwin)

iD8DBQFCnUf4n5zKWQ/iqj0RAsHrAJ9d5nOnGqXPl3k2G+PsRLlL9AygoACaAnS9
AWU2iGRMfn6nF4Zax9m/85c=
=HVeT
-----END PGP SIGNATURE-----

--==========03EE62BF0B229D4FBBC5==========--


home help back first fref pref prev next nref lref last post