On Jul 29, 2014, at 11:54 AM, <valdis.kletni...@vt.edu> 
<valdis.kletni...@vt.edu> wrote:

> On Tue, 29 Jul 2014 11:42:31 -0500, Chris Boyd said:
> 
>> There's probably going to be some interesting legal fallout from that
>> practice.  As an ISP customer, I'd be furious to find out that my
>> communications had been intercepted due to the bad behavior of another user.
> 
> See the various lawsuits against the NSA - the vast majority have been 
> summarily
> dismissed because the plaintiffs couldn't produce evidence their 
> communications
> had in fact been intercepted, and thus they didn't have standing to sue.

True, but there is a difference in this case, since I could probably find a way 
to do discovery of the warrant/subpoena that was delivered to the ISP--assuming 
it's not an NSL.  I would assume that going into court with evidence of the 
warrant/subpoena would be sufficient to grant standing.  Or the notice of 
intercepted communications that I've seen a few times would work too.

In $DAYJOB, we're all colo/cloud, so the stuff we get specifies a specific 
date.  Have not come across any that specify a few seconds of time as another 
poster noted.

In any case IANAL, so who knows until the cases start showing up on the 
dockets.....

--Chris

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