On Jul 29, 2014, at 11:54 AM, <Valdis.Kletnieks@vt.edu> <Valdis.Kletnieks@vt.edu> wrote:
On Tue, 29 Jul 2014 11:42:31 -0500, Chris Boyd said:
There's probably going to be some interesting legal fallout from that practice. As an ISP customer, I'd be furious to find out that my communications had been intercepted due to the bad behavior of another user.
See the various lawsuits against the NSA - the vast majority have been summarily dismissed because the plaintiffs couldn't produce evidence their communications had in fact been intercepted, and thus they didn't have standing to sue.
True, but there is a difference in this case, since I could probably find a way to do discovery of the warrant/subpoena that was delivered to the ISP--assuming it's not an NSL. I would assume that going into court with evidence of the warrant/subpoena would be sufficient to grant standing. Or the notice of intercepted communications that I've seen a few times would work too. In $DAYJOB, we're all colo/cloud, so the stuff we get specifies a specific date. Have not come across any that specify a few seconds of time as another poster noted. In any case IANAL, so who knows until the cases start showing up on the dockets..... --Chris