Interesting People mailing list archives
Re: A Clear Case for ISP Regulation: IP Address Logging
From: David Farber <dave () farber net>
Date: Mon, 8 Jun 2009 07:20:46 -0400
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.
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Current thread:
- A Clear Case for ISP Regulation: IP Address Logging David Farber (Jun 03)
- <Possible follow-ups>
- Re: A Clear Case for ISP Regulation: IP Address Logging David Farber (Jun 03)
- Re: A Clear Case for ISP Regulation: IP Address Logging David Farber (Jun 08)