RE: Administration Asks Appeals Court To Compel ISP Searches

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.

I don't think you meant to say 'without any specific criminal charges
having been filed', as subpoena'd evidence leads to charges.

Chris Ranch
Affinity Internet, Inc.

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'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.

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..

I don't think you meant to say 'without any specific criminal charges
having been filed', as subpoena'd evidence leads to charges.

Well, the few instances I've had to deal with this, the subpeona was
for a specific case, so I would guess from that information that
charges had been filed... I'm not a lawyer and I don't even pretend
to understand fully how the whole system works, so I'm probably
wrong.. :slight_smile:

An NSL is hand delivered to an ISP, not faxed or mailed. The person delivering that NSL must present identification, and hands the NSL over to the ISP. The NSL must be hand-delivered back (again, not faxed or mailed). The person picking it up must present to me proper identification in order to receive it.

I have never received an NSL that was faxed or otherwise delivered to me without proper authorization and identification, either at Road Runner or Adelphia.

-MH

W. Mark Herrick, Jr.
Director - Data and Network Security - Adelphia Communications
5619 DTC Parkway, Greenwood Village, CO 80111
(O) 303-268-6440 (C) 720-252-5929 (F) 303-268-6687
AIM: AdelphiaSecWMH

Re-reading this....

This is not meant to say that I have or have not received an NSL. My apologies if there was any confusion created.

-MH

W. Mark Herrick, Jr.
Director - Data and Network Security - Adelphia Communications
5619 DTC Parkway, Greenwood Village, CO 80111
(O) 303-268-6440 (C) 720-252-5929 (F) 303-268-6687
AIM: AdelphiaSecWMH