Six Strike Rule (Was: William was raided...)

Thu Dec 6 19:54:40 UTC 2012

If you are a facilities based broadband provider in the US you have to
comply with CALEA.  There is no "coming to some agreement", you have a
legal obligation to comply.  No more, and no less.  You don't have to
comply with requests from agencies other than law enforcement under
CALEA but you may need to under other requirements such as DMCA.  You
should know what the minimum legal requirements are and if you don't
want to do more than that, fine.  However, you could get a court order
telling you to do almost anything and it would be expensive and
potentially put you in contempt not to comply with them.  I am not a
lawyer but dealt with these requirements for years on the job.

Steven Naslund

-----Original Message-----
From: Barry Shein [mailto:bzs at world.std.com] 
Sent: Wednesday, December 05, 2012 11:22 AM
To: nanog at nanog.org
Subject: Re: Six Strike Rule (Was: William was raided...)

On December 4, 2012 at 11:10 jason at thebaughers.com (Jason Baugher)
wrote:
 > We don't do content inspection. We don't really want to know what our
> customers are doing, and even if we did, there's not enough time in
the day  > to spend paying attention. When we get complaints from the
various  > copyright agencies, we warn the customer to stop. When we hit
a certain  > number of complaints, its bye-bye customer.

This is why there's a need for some sort of reasonable, organized
response outlined in writing.

In my experience law enforcement (and others) will try to shift whatever
investigative tasks are convenient to them to anyone in the loop.

Why not, it costs them nothing to have you running around all day and
night doing investigative work for them.

They will generally cite the seriousness of the underlying crime as
(bottomless) justification for your contribution.

The rational response is to sit down as a group within some framework
and come to some agreement* with them as to what is a reasonable and
sufficient response in these cases.

Otherwise you're just the complaint desk at Macy's taking all comers and
subject to whatever they can dream up to try to get you to solve their
problems.

* Agreement with LEOs is best, a unilateral document would at least open
discussion one would hope and move towards that end.

-- 
        -Barry Shein

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