Re: Large Ontario DC busted for hosting petabytes of child abuse material

[Justin Wilson - MTIN <lists () mtin net>]

Part of it depends on if the DC was doing managed services as well.  If they are just a space tenant then their 
exposure can be limited.  But if it was their servers that will be a little different.  Not saying it would make the 
difference, but opens another avenue to be argued.

To me it’s like going after the Landlord of a rental apartment if someone is busted for drugs.  How much can be proven 
that they knew? How much can they interfere with their business?

Justin


Justin Wilson j2sw () mtin net
http://www.mtin.net  Managed Services – xISP Solutions – Data Centers
http://www.thebrotherswisp.com Podcast about xISP topics
http://www.midwest-ix.com Peering – Transit – Internet Exchange 


> On Mar 2, 2015, at 12:53 PM, Naslund, Steve <SNaslund () medline com> wrote:
>
> Don't know who this is but the legalities are pretty clear I think.  The DC is not required to know what data is 
> stored but if the cops can prove that someone DID know what was stored, that person can be criminally charged.  IANAL 
> but I have worked with LE on a similar case and that is how it was explained to us by the FBI.  It will be hard to 
> prove anyone knew however since anyone that knew and did not report it committed a crime.  Charging the company will 
> be a stretch unless they can prove that at least one corporate officer knew.  Otherwise the company will fire 
> whichever employee knew and say "He should have told us".
>
> This is all about who knew what and when.
>
>
> Steven Naslund
> Chicago IL
>
> > 18 million dollars revenue in three months so certainly pretty large sized.
> >
> > Any idea which DC this is?
> >
> > http://motherboard.vice.com/en_ca/read/police-could-charge-a-data-center-in-the-largest-child-porn-bust-ever