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From: Steven J. Sobol (sjsobol_at_JustThe.net)
Date: Sat Jul 13 2002 - 14:11:53 CDT
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 - I do my best work with one of my cockatiels sitting on each shoulder - 6/4/02:A USA TODAY poll found that 80% of Catholics advocated a zero-tolerance stance towards abusive priests. The fact that 20% didn't, scares me...
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