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> whose number should also be independently verifiable This is not a legal requirement. If you fail to comply with a legitimate request because you couldn’t ve
by rosndo 5y ago
> whose number should also be independently verifiable
This is not a legal requirement. If you fail to comply with a legitimate request because you couldn’t verify the number, you go to jail.
- otterley 5y agoCan you point us to an incident where this has ever happened, namely, where a service provider didn't to respond to a demand immediately while they verified its authenticity and someone went to jail for it? Or even got a finger wagged at them by a judge? Third-party records production is almost never time-sensitive to the degree that, say, a warrant to search for drugs or contraband is, and there's little risk of spoliation of evidence.
- rosndo 5y agoAs the article points out, nobody actually verifies these requests. So no, I can’t point you to such an incident. Have people been held in contempt for failing to comply fast enough? for sure.
- otterley 5y agoYou cannot conclude that because someone has been held in contempt for intentionally failing to respond to a records production request because they simply didn’t want to do it, that someone would also be held in contempt for delaying production for a few hours while they make a good-faith attempt to verify the authenticity of a request. Judges take all the facts and circumstances into account—including intent—when making these kinds of decisions, especially those that involve depriving someone of their liberty.
- rosndo 5y ago> delaying production for a few hours Ah yeah, I think you are totally right. Our disagreement stems from the fact that I don’t believe that few hours is sufficient at all.