From: Jonathan Zamick <JonathanZ@consensus.com>
Date: Fri, 1 Dec 1995 08:20:16 +0800
To: sameer <sameer@c2.org>
Subject: Re: "Got a subpoena?"
Message-ID: <v02120d03ace3efad2ed8@[157.22.240.13]>
MIME-Version: 1.0
Content-Type: text/plain


At 11:46 AM 11/30/95, sameer wrote:
>>
>> What about a court order to (a) start comprehensive logging, and (b) not
>> tell anyone under penalty of ______ .
>
>        Aren't court orders part of the public record? I don't quite
>know how this would work. I don't think they can keep me from telling
>people that I've started comprehensive logging, or at least keep it
>from being founnd out. (Legally, that is. I'm sure they could always
>use an approach like threatening to audit me every year, threatening
>my family, etc.)

In fact, most forms of recording need willing participation by at least one
party. Wiretaps are the main method of recording information which doesn't
involve willing participation of one of those communicating. Since there
are no laws regarding participation of service providers assisting the
government at gathering information, there is a great deal of leeway
legally.

If they actually pass a law (as in Penn) regarding ISP obligations it'll
probably be fought a bit, but does then put more stress on the situation.

Jonathan

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