RE: [7.8.2002 44916] Notice of Copyright Infringement

From: Steven J. Sobol (sjsobolat_private)
Date: Sat Jul 13 2002 - 12:11:53 PDT

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    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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