Re: if you capture... That's actually a matter of federal law: https://www.law.cornell.edu/uscode/text/18/2258A?quicktabs_8=2#quicktabs-8
If you don't report, $150,000 fine the first time, $300,000 after that. National Center For Missing And Exploited Children had a booth the last time I was at HostingCon. On Oct 12, 2015 08:37, "Ken Hohhof" <[email protected]> wrote: > IANAL, but I would think you could capture and investigate any traffic you > want on your network. The problem would be what you do with that data, for > example disclosing to third parties, disclosing to law enforcement without > a valid warrant or court order pertaining to that customer, or using it to > block or throttle legal content without a permitted network management > purpose. > > Oddly, if you capture kiddie porn, you may be required by state law to > disclose that to law enforcement. > > Once you have accomplished your troubleshooting, I would probably delete > any records of the captured data. If you don’t have it, you can’t disclose > it. > > > *From:* That One Guy /sarcasm <[email protected]> > *Sent:* Monday, October 12, 2015 12:53 AM > *To:* [email protected] > *Subject:* [AFMUG] how far can we go in capturing and investigating data? > > what is the legality of us capturing and reviewing data for > troubleshooting. Is there a clearly defined line? I assume we cant capture > encrypted traffic and try to decrypt it and get to the underlying data. > Is there a set of words that we can put in our TOS that give us a pass? > > This is a concern thats come up because im troubleshooting an issue on a > customer who is a prick. The type that would say "how did you find out > whats happenning" And then trying to sue us when we tell them we captured > and reviewed traffic. Im tempted to have the boss get a release drawn up > for this douchebag to sign. > > Is this something we are covered over since it falls under the blanket of > troubleshooting? Are we technically required to notify a customer if we are > capturing their data? > > -- > If you only see yourself as part of the team but you don't see your team > as part of yourself you have already failed as part of the team. >
