> From: Sanford Whiteman <[EMAIL PROTECTED]>
> Organization: Cypress Integrated Systems, Inc.
> Reply-To: [EMAIL PROTECTED]
> Date: Tue, 17 Jun 2003 14:01:40 -0400
> To: Joshua Levitsky <[EMAIL PROTECTED]>
> Subject: Re[2]: [IMail Forum] OT: AOL's got nerve
> 
> The  likelihood  that  an  ISP will be subpoenaed in various civil and
> criminal actions is multiplied hundredfold if they participated in the
> storage and forwarding of e-mail. Of course, as Karen points out, this
> ready  availability  of data may be a delightful side effect for those
> ISPs  inclined  to  make  "proactive" contact with DHS. But no one can
> really speak to that until cases come out of the woodwork.

Umm... Yah... In 1994 I had to deal with turning over records to the police.
I did not work for AOL at the time. I worked for a medium sized ISP. There
is no multiple increase for the number of subpoenaed records based on
storing mail or not storing mail. The point of a subpoena is to explore
evidence and see what is there. They do it if they know there is data to get
at or not. They do it with every case where there could have been data. If
we store data at an ISP it just means there will be data to hand over.. It
does not mean we will be subpoenaed more.

-Josh


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