RE: EU Official: IP Is Personal

["Rod Beck" <Rod.Beck () hiberniaatlantic com>]

I am frankly shocked that some people claim that you cannot identify people by the IP address. There was a scandal in 
the States where a well known ISP released search records and the New York Times was able to identify individuals using 
the IP address together with the search records. 

If a daily newspaper can, I suspect just about any body can ...

I see no difference between a static IP address and a credit card number. Neither are the individual's property, but 
that doesn't mean there should not be legal or ethical obligations surrounding them.  

As always my opinions are my opinions and not official corporate policy 

Roderick S. Beck
Director of European Sales
Hibernia Atlantic
1, Passage du Chantier, 75012 Paris
http://www.hiberniaatlantic.com
Wireless: 1-212-444-8829. 
Landline: 33-1-4346-3209.
French Wireless: 33-6-14-33-48-97.
AOL Messenger: GlobalBandwidth
rod.beck () hiberniaatlantic com
rodbeck () erols com
``Unthinking respect for authority is the greatest enemy of truth.'' Albert Einstein. 



-----Original Message-----
From: owner-nanog () merit edu on behalf of J. Oquendo
Sent: Thu 1/24/2008 12:57 PM
To: Roland Perry
Cc: nanog () merit edu
Subject: Re: EU Official: IP Is Personal
 
Roland Perry wrote:

> Putting aside for a moment the issue of "whose dollars pay for it" there 
> is no fundamental contradiction in the proposition that private sector 
> information can be mandated to be kept for minimum periods, is 
> confidential, but nevertheless can be acquired by lawful subpoena.
>
> Think about banking records, for example, which are confidential, 
> routinely examined in criminal enquiries, and which have to be kept for 
> various minimum periods by accountancy law. Operationally, the banks 
> have had to invest in special departments to do just that, it's simply 
> part of the cost of doing business.

The difference with banking records and computer generated records is, 
you can literally track down whether by PIN on an ATM along with for the 
majority of times an image taken from a camera. Try doing this with IP 
generated information. While law enforcement subpoenas away information, 
there is no guarantee person X is definitively behind even a static IP 
address. Its hearsay no matter how you want to look at this. Outside of 
the fact that lawyers still up to this day and age can't seem to grasp 
an all-in-one argument to get IP address information thrown out, what's 
next? Perhaps law enforcement agencies forcing vendors to include enough 
memory on wireless devices to track who logged in on a hotspot?

Everyone sees the need for all sorts of accounting on the networking 
side of things but how legitimate is the information when anyone can 
share MAC addresses, jump into hotspots anonymously, quickly break into 
wireless networks, venture into an Internet cafe paying cash, throw on a 
bootable (throwaway) distribution of BSD/Linux/Solaris, do some dirty 
deed and leave it up to someone else to take the blame.



-- 
====================================================
J. Oquendo

SGFA #579 (FW+VPN v4.1)
SGFE #574 (FW+VPN v4.1)

wget -qO - www.infiltrated.net/sig|perl

http://pgp.mit.edu:11371/pks/lookup?op=get&search=0xF684C42E