RE: Administration Asks Appeals Court To Compel ISP Searches

2005-06-01 Thread Todd Vierling
On Wed, 1 Jun 2005, Barry Shein wrote: > A major concern is indemnification and immunity for the ISP. This sort of power was greatly expanded by a suspiciouly intentioned US bill-turned-law from 2001 whose name I dare not mention in cleartext (), which allows such subpoenaless probes into far mo

RE: Administration Asks Appeals Court To Compel ISP Searches

2005-06-01 Thread Barry Shein
A major concern is indemnification and immunity for the ISP. When someone is prosecuted they usually face major legal expenses, and often are incapable of paying them. The prospect of a lengthy prison sentence and/or criminal record does not portend well either. Defense lawyers know this all to

RE: Administration Asks Appeals Court To Compel ISP Searches

2005-06-01 Thread Hannigan, Martin
> -Original Message- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of > Owen DeLong > Sent: Wednesday, June 01, 2005 1:31 AM > To: Jason Frisvold; Fergie (Paul Ferguson) > Cc: nanog@merit.edu > Subject: Re: Administration Asks Appeals Court T

Re: Administration Asks Appeals Court To Compel ISP Searches

2005-06-01 Thread Kevin
On 6/1/05, Chris Kuethe <[EMAIL PROTECTED]> wrote: > On 5/31/05, Owen DeLong <[EMAIL PROTECTED]> wrote: > > Not having received one, I have no gag order, so, I am free to tell you I > > haven't received one. > > > > Owen > > This assumes that the new breed of NSL doesn't require you to deny > hav

Re: Administration Asks Appeals Court To Compel ISP Searches

2005-06-01 Thread Chris Kuethe
On 5/31/05, Owen DeLong <[EMAIL PROTECTED]> wrote: > Not having received one, I have no gag order, so, I am free to tell you I > haven't received one. > > Owen This assumes that the new breed of NSL doesn't require you to deny having received an NSL when questioned, unless you want to have some

Re: Administration Asks Appeals Court To Compel ISP Searches

2005-05-31 Thread Owen DeLong
No. An NSL is a letter that does not require any sort of court approval and allows Law Enforcement to demand specific records and logs without disclosure and with no way to challenge the NSL short of challenging the constitutionality of the law authorizing NSLs in general. The primary differe

Re: Administration Asks Appeals Court To Compel ISP Searches

2005-05-31 Thread W. Mark Herrick, Jr.
At 01:53 PM 5/31/2005, W. Mark Herrick, Jr. wrote: At 01:39 PM 5/31/2005, Jason Frisvold wrote: 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... An NSL is hand delivered to an ISP, no

Re: Administration Asks Appeals Court To Compel ISP Searches

2005-05-31 Thread Jason Frisvold
On 5/31/05, Chris Ranch <[EMAIL PROTECTED]> wrote: > 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 d

RE: Administration Asks Appeals Court To Compel ISP Searches

2005-05-31 Thread W. Mark Herrick, Jr.
At 01:54 PM 5/31/2005, Chris Ranch wrote: > 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. > Where

RE: Administration Asks Appeals Court To Compel ISP Searches

2005-05-31 Thread Chris Ranch
On May 31, 2005 12:39 PM, Jason Frisvold wrote: > On 5/31/05, Chris Ranch <[EMAIL PROTECTED]> 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

Re: Administration Asks Appeals Court To Compel ISP Searches

2005-05-31 Thread W. Mark Herrick, Jr.
At 01:39 PM 5/31/2005, Jason Frisvold wrote: On 5/31/05, Chris Ranch <[EMAIL PROTECTED]> 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,

Re: Administration Asks Appeals Court To Compel ISP Searches

2005-05-31 Thread Jason Frisvold
On 5/31/05, Chris Ranch <[EMAIL PROTECTED]> 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 eve

RE: Administration Asks Appeals Court To Compel ISP Searches

2005-05-31 Thread Chris Ranch
age- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On > Behalf Of Jason Frisvold > Sent: Tuesday, May 31, 2005 11:53 AM > To: Fergie (Paul Ferguson) > Cc: nanog@merit.edu > Subject: Re: Administration Asks Appeals Court To Compel ISP Searches > > > On 5/31/05,

Re: Administration Asks Appeals Court To Compel ISP Searches

2005-05-31 Thread Jason Frisvold
On 5/31/05, Fergie (Paul Ferguson) <[EMAIL PROTECTED]> wrote: > Worth knowing how this all falls out, methinks. > > http://www.securitypipeline.com/163702151 Am I understanding this correctly? Are they trying to get ISP's to release all customer information up front without any sort of legal re