Administration Asks Appeals Court To Compel ISP Searches
Chris Ranch
CRanch at Affinity.com
Tue May 31 19:54:10 UTC 2005
On May 31, 2005 12:39 PM, Jason Frisvold wrote:
> On 5/31/05, Chris Ranch <CRanch at affinity.com> wrote:
> > Looks like they want us to turn over customer info without the
> > subpoena, but simply with a phone call (or whatever) from an
> > investigator. I would hope that would be just for specific
> accounts,
> > and not the entire customer list. In any event, now we're going to
> > have to at least confirm the investigator's identity, whereas
> > currently the sub carries sufficient authority.
>
> Ugh.. Ok, so it's a "Hi, I'm an FBI Agent. Gimme info on
> Joe Blow and Mary Jane" and I'm supposed to jump and give out
> 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
> receive a subpeona for a criminal case (as opposed to a civil
> case), the subpeona usually states that the subpeona and
> information being requested can't be discussed by anyone.
> 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
> is essentially an unknown party.. That wonderful law would
> allow a terrorist or other crook to impersonate an
> investigator and gather information..
Do you double-check sups back to the signing judge? Does anyone?
Chris
Affinity Internet, Inc.
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