Re: A Clear Case for ISP Regulation: IP Address Logging

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Hendrik Rood" <Hendrik.Rood () stratix nl>
Date: June 7, 2009 6:52:00 PM EDT
To: <dave () farber net>
Subject: RE: [IP] A Clear Case for ISP Regulation: IP Address Logging

Dr. Farber,

I think Lauren Weinstein isn't quite addressing the genuine big elephant
in the room, when he states his concerns with respect to privacy on IP
address logging.

In all western nations logged data, that is known to exist, can be
seized by subpoenas and claimed to be revealed, at least to the judge
and the other party in a trial.

The prime reason is that data stored by a firm is in a different
judicial class than data in transit. The latter requires a wiretapping
law and wiretap warrants. Requests for seizure of data and submission
however can be done by anyone to be decided by the courts under current
legal regimes.

So Time Warner, with this clause, just reveals to the entire
content-industry as well as all public prosecutors of criminal/terrorism
suspects that this data exists, ready to be claimed for by them if they
see that fit.

I have been several times an expert-witness in court cases in The
Netherlands on requests from the content-industry to ISPs to hand over
IP-address related data and the data to personally identifying the user
of that IP-address.

When I see such a clause in the privacy policy, I do know that is an
open invitation and one now can just wait for the subpoenas to be filed.


Even one step further, jurisprudence in most western nations has learned
me, dat such subpoena requests for the logs will in almost all cases be
honored by judges.

With kind regards,

Hendrik Rood
--

> -----Oorspronkelijk bericht-----
> Van: David Farber [mailto:dave () farber net]
> Verzonden: 03 June 2009 11:13
> Aan: ip
> Onderwerp: [IP] A Clear Case for ISP Regulation: IP Address Logging
>
>
>
>            A Clear Case for ISP Regulation: IP Address Logging
>
>                 http://lauren.vortex.com/archive/000577.html
>
>
> Greetings.  Over on the Network Neutrality Squad (
> http://www.nnsquad.org ) yesterday, I noted, without comment,
> the following quote from the new Time Warner Cable privacy policy bill
> insert:
>
>   "Operator's system, in delivering and routing the ISP Services, and
>    the systems of Operator's Affiliated ISPs, may automatically log
>    information concerning Internet addresses you contact, and the
>    duration of your visits to such addresses."
>
> Today I will comment, and explain why such logging by ISPs
> creates a clear case for regulatory intervention, on both
> privacy and competition grounds.
[rest snipped]




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