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Internet Access Providers Aren't Bound by DMCA Unmasking Subpoenas–In Re Cox
- busterarm 1y agoThis is why the IAP I worked at 15 years ago took every unmasking subpoena and routed them to the trash. I was so proud of that.
- immibis 1y agoYou can't just ignore a subpoena if you value not being in jail. You have to argue that you don't have to answer it.
- busterarm 1y agoNone of them were ever followed up with. So while you're correct in theory, in practice the consequences of it were nonexistent. Likely because the firm knows that the subpoena that they're sending you is bullshit in the first place. They don't actually want the legal challenge.
- margana 1y agoSounds similar to ignoring clearly fraudulent DMCAs. Technically you are not allowed to ignore one no matter how clearly fraudulent it is, but in practice no one would follow up on those.
- dragonwriter 1y ago> Sounds similar to ignoring clearly fraudulent DMCAs. Technically you are not allowed to ignore one no matter how clearly fraudulent it is Not true. Technically, you are allowed to ignore ANY DMCA takedown. However, if you don't ignore it, and if you otherwise would have been guilty of copyright infringement for hosting the user-provided content at issue, then following the DMCA takedown request will immunize you (that's why it is called a "safe harbor" provision), so, if you aren't 100% certain that it's not wrong, you have a strong motive to respect it. If the DMCA takedown request was actually fraudulent, then either there was no potentially violating material or the requester wasn't the copyright holder or their agent, so you had no liability to them to immunize against. So you absolute can ignore it as much as you want.
- getcrunk 1y agoWell thank god corporations can’t be jailed /s
- djoldman 1y agoBut what is the recourse if IAPs in the 9th district ignore the decision and continue to divulge subscriber information? I assume subscribers must sue the IAP.
- MrDarcy 1y agoContact your state attorney general is also an option.
- otterley 1y agoAnd demand what, exactly? And under what law?
- MrDarcy 1y agoAG oversees utilities and are granted regulatory powers because they are effectively monopolies. Explain clearly and reasonably your claim and you will likely see action and response.
- otterley 1y agoAGs can only enforce laws and regulations that are on the books. Being a monopoly doesn’t give AGs some sort of arbitrary control over them. So which law or regulation would they enforce, exactly? It might help if you cited a specific code that says they cannot divulge subscriber information.
- voxic11 1y agoUsually they would go after them for deceptive business practices due to violating their own privacy policy.
- otterley 1y agoIf they violated their own policy, sure. But not every disclosure of customer information is prohibited by policy. The policy should be clear as to what the holder may do and what they won't.