RE: [7.8.2002 44916] Notice of Copyright Infringement

["Steven J. Sobol" <sjsobol () JustThe net>]

On Thu, 11 Jul 2002, Vinnie Lima wrote:

> "Funny, if you are getting
> DOSs'd or Spammed to hell, your ISP won't budge to fix it but, the MPAA
> sends one letter and they threaten to cut you (the customer) off."
>
> Isnt within the ISP's rights to require a SUBPOENA to do any intrusive
> action including, but not limited to, shutting off a user's service? Or has
> the new Digital Millenium Act supersedes that right?

As far as I know, no. If I determine you spammed or DOS'd someone from a 
DSL or dialup account you pay me for, no, I wouldn't typically demand a 
subpoena from the complainant. If I'm smart, I will exercise due 
dilligence in making damned sure that you *did* violate my policies, but 
checking my own server logs doesn't require a subpoena either.

You're thinking of times when someone demands information about a specific
subscriber - in that case, unless the service provider is a flaming idiot,
they will not give out any info about who the subscriber is, etc., without
a subpoena. But the decision to terminate service doesn't require the
release of any of your personal information to third parties.

**SJS (speaking as a service provider)

-- 
Steve Sobol, CTO  JustThe.net LLC, Mentor On The Lake, OH  888.480.4NET
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