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RE: Administration Asks Appeals Court To Compel ISP Searches
On May 31, 2005 12:39 PM, Jason Frisvold wrote: > On 5/31/05, Chris Ranch <CRanch@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.