[Stu Baker is a partner at Steptoe and Johnson and a former general counsel to the National Security Agency. Previous Politech message: http://www.politechbot.com/p-03534.html --Declan] --- From: "Baker, Stewart" <SBakerat_private> To: "'declanat_private'" <declanat_private> Subject: RE: Internet firms say police search rules endanger privacy Date: Wed, 15 May 2002 06:03:38 -0400 Declan, This is an interesting case. It looks as though the court's ruling is bad for the government, bad for ISPs, and bad for privacy. It seems to require that investigators be present for the ISP's search of records. Since the police won't have the necessary technical skills, they won't add anything to the effort but the need to have them present will cost the government money, delay and complicate the ISP's compliance, and (assuming the investigator really is present for each stage of search) will expose the police to lots of information about subscribers that isn't covered by the search order and that wouldn't be provided to the government if the ISP could do the search on its own. A true "lose-lose-lose" ruling. Stewart Baker ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Sign this pro-therapeutic cloning petition: http://www.franklinsociety.org -------------------------------------------------------------------------
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