From: koontz@MasPar.COM (David G. Koontz)
Date: Wed, 1 Nov 1995 07:49:33 +0800
To: nobody@replay.com
Subject: Re:  InfoWar
Message-ID: <9510311924.AA09550@argosy.MasPar.COM>
MIME-Version: 1.0
Content-Type: text/plain


 
>Industry representatives played down the privacy loopholes.
>Ronald Plesser, a Washington attorney who represents online
>services and direct marketing firms, said, "I know of no
>example of anybody trafficking in e-mail descriptions." A
>spokeswoman for Hughes Electronics Corp.'s DirecTV said, "We
>do not release names of customers that ordered movies.
 
The name of the customer of a video tape rental may be disclosed
only under narrow constraints (USC 18 Chap 121 2710):

   *  (b) Video Tape Rental and Sale Records. - (1) A video tape service
     provider who knowingly discloses, to any person, personally identifiable
     information concerning any consumer of such provider shall be liable to
     the aggrieved person for the relief provided in subsection (d).
 
     (2) A video tape service provider may disclose personally identifiable
     information concerning any consumer -
        o  (A) to the consumer;
        o  (B) to any person with the informed, written consent of the consumer
          given at the time the disclosure is sought;
        o  (C) to a law enforcement agency pursuant to a warrant issued under
          the Federal Rules of Criminal Procedure, an equivalent State warrant,
          a grand jury subpoena, or a court order;
        o  (D) to any person if the disclosure is solely of the names and
          addresses of consumers and if -
             +  (i) the video tape service provider has provided the consumer
               with the opportunity, in a clear and conspicuous manner, to
               prohibit such disclosure; and
             +  (ii) the disclosure does not identify the title, description,
               or subject matter of any video tapes or other audio visual
               material; however, the subject matter of such materials may be
               disclosed if the disclosure is for the exclusive use of
               marketing goods and services directly to the consumer;
        o  (E) to any person if the disclosure is incident to the ordinary
          course of business of the video tape service provider; or
        o  (F) pursuant to a court order, in a civil proceeding upon a showing
          of compelling need for the information that cannot be accommodated by
          any other means, if -
             +  (i) the consumer is given reasonable notice, by the person
               seeking the disclosure, of the court proceeding relevant to the
               issuance of the court order; and
             +  (ii) the consumer is afforded the opportunity to appear and
               contest the claim of the person seeking the disclosure. If an
               order is granted pursuant to subparagraph (C) or (F), the court
               shall impose appropriate safeguards against unauthorized
               disclosure.
 
               (3) Court orders authorizing disclosure under subparagraph (C)
               shall issue only with prior notice to the consumer and only if
               the law enforcement agency shows that there is probable cause to
               believe that the records or other information sought are
               relevant to a legitimate law enforcement inquiry. In the case of
               a State government authority, such a court order shall not issue
               if prohibited by the law of such State. A court issuing an order
               pursuant to this section, on a motion made promptly by the video
               tape service provider, may quash or modify such order if the
               information or records requested are unreasonably voluminous in
               nature or if compliance with such order otherwise would cause an
               unreasonable burden on such provider.
   *  (c) Civil Action. - (1) Any person aggrieved by any act of a person in
     violation of this section may bring a civil action in a United States
     district court.
 
In other words it can be a federal crime to release personal info.
(Without regard to ordering movies over the internet)