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Maybe. But if that happened and then the HHS decided to pursue it, the ISP would claim they're simply a conduit for PHI and that the privacy rule doesn't apply
by dqv 10y ago
Maybe.
But if that happened and then the HHS decided to pursue it, the ISP would claim they're simply a conduit for PHI and that the privacy rule doesn't apply.
- loup-vaillant 10y agoMere conduits have no memory —they wouldn't keep logs, let alone sell them to third parties. If the ISP wants to "simply be a conduit", I can only applaud, as long as they follow the rules of common carriers they just implied by saying so: no snooping, no filtering, no selective throttling, no looking at TCP packets to look for a "25" (SMTP requests) and block them… If they do that, they don't have to follow any privacy rule: they already respect mine.
- bonzini 10y agoI suppose a water "carrier" could have a sieve to filter away unwanted particles, or could add chlorine to kill bacteria, etc. But it certainly couldn't do anything equivalent to keeping or selling logs...
- subway 10y agoThe "carrier" ceases to be just a "carrier" at that point. They're now both a "carrier" and a "filter". Sometimes I just want unmolested water.
- KMag 10y agoYou and me both, General Ripper.
- yosamino 10y agoWell, they could drugtest your wastewater [0] and measure your water consumption with one of these "smart" meters at small intervals. It's not at the scale of data that an ISP could sift through, but with a little imagination, water can be a source of metadata... [0] http://www.dw.com/en/experts-on-drug-wastewater-analysis-say-its-time-for-policymakers-to-get-onboard/a-16798866 http://www.dw.com/en/experts-on-drug-wastewater-analysis-say...