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North American Network Operators Group Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical Re: Warrants for email and backup tapes
On Tue, Jul 28, 1998 at 10:24:31PM +0000, William Allen Simpson wrote: > Our ISP was just served a warrant (out of California) demanding our > dialup logs and email backup tapes. So far, the warrant is probably > invalid, as it mis-named the company. And as far as we can tell, we are > not being charged with anything -- or at least we have not been told so. > We only have our usual contracts attorney, and he seems a bit out of his > depth. > > This is pretty invasive to our customers. We'll have a dickens of a > time complying, as we don't back up client email, except at odd > intervals backing up entire systems. And we only keep dialing logs > around for a few months at a time, since we don't use them for billing. > > Is anyone else having this experience? If so, what have you done? > > [email protected] > Key fingerprint = 17 40 5E 67 15 6F 31 26 DD 0D B9 9B 6A 15 2C 32 Talk to a lawyer who understands this. IN GENERAL - a state-based subpoena out of jurisdiction does not have to be complied with. HOWEVER, the issuer can then turn around and get it served out of your state (if they want to). Its a pain in the ass for them to do this, but they certainly CAN. If you have what's in the subpoena, and the subpoena is valid, you either comply or risk a contempt citation from the judge who signed it. You don't have to produce what you don't have, obviously (you can't invent things that don't exist!) You CAN fight a subpoena (and you might even be able to get it quashed). You really need a good attorney to look this situation over. -- -- Karl Denninger ([email protected])| MCSNet - Serving Chicagoland and Wisconsin http://www.mcs.net/ | T1's from $600 monthly / All Lines K56Flex/DOV | NEW! Corporate ISDN Prices dropped by up to 50%! Voice: [+1 312 803-MCS1 x219]| EXCLUSIVE NEW FEATURE ON ALL PERSONAL ACCOUNTS Fax: [+1 312 803-4929] | *SPAMBLOCK* Technology now included at no cost
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