Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Robert West
I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it along
and forget it.  Not my job.

Bob-
 

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Chuck Hogg
Sent: Monday, November 09, 2009 12:41 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

Notify customer, give a warning, make not on account, disregard studio
letter.  Wait for subpoena before giving the studios any information.

Regards,
Chuck Hogg
Shelby Broadband
502-722-9292
ch...@shelbybb.com
http://www.shelbybb.com


-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Adam Goodman
Sent: Monday, November 09, 2009 12:12 PM
To: WISPA General List
Subject: [WISPA] DMCA - copyright infringement

We have received an email from our provider with a complaint from
Twentieth Century FOX Film Corporation about a download movie from
BitTorrent.

They demand we notify the customer and make sure the customer is aware
of our AUP. Has anyone received a notice like this and how did you
handle the case. Are you following DMCA protocol, or taking another
path?

Thank you,
Adam




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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Adam Goodman
To me the question is how much work should I invest in order to
protect their copyright interest. It makes sense to me that since
they have no way of knowing the identity of the customer and all they
really have is an ip address. That the ISP would have to connect the
copyright owner to the customer. Billing them for the research work
sounds like good idea to me. That way I am not preventing them from
contacting the perpetrating party, and I also get paid for my time.

-Adam



On Tue, Nov 10, 2009 at 9:24 AM, Robert West robert.w...@just-micro.com wrote:
 I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it along
 and forget it.  Not my job.

 Bob-


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Chuck Hogg
 Sent: Monday, November 09, 2009 12:41 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Notify customer, give a warning, make not on account, disregard studio
 letter.  Wait for subpoena before giving the studios any information.

 Regards,
 Chuck Hogg
 Shelby Broadband
 502-722-9292
 ch...@shelbybb.com
 http://www.shelbybb.com


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Monday, November 09, 2009 12:12 PM
 To: WISPA General List
 Subject: [WISPA] DMCA - copyright infringement

 We have received an email from our provider with a complaint from
 Twentieth Century FOX Film Corporation about a download movie from
 BitTorrent.

 They demand we notify the customer and make sure the customer is aware
 of our AUP. Has anyone received a notice like this and how did you
 handle the case. Are you following DMCA protocol, or taking another
 path?

 Thank you,
 Adam


 
 
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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread os10rules
What are you guys doing who have some/all of your network nat'ed? Seems like 
then more of the burden might fall on you.


GReg

On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:

 To me the question is how much work should I invest in order to
 protect their copyright interest. It makes sense to me that since
 they have no way of knowing the identity of the customer and all they
 really have is an ip address. That the ISP would have to connect the
 copyright owner to the customer. Billing them for the research work
 sounds like good idea to me. That way I am not preventing them from
 contacting the perpetrating party, and I also get paid for my time.
 
 -Adam
 
 
 
 On Tue, Nov 10, 2009 at 9:24 AM, Robert West robert.w...@just-micro.com 
 wrote:
 I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it along
 and forget it.  Not my job.
 
 Bob-
 
 
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Chuck Hogg
 Sent: Monday, November 09, 2009 12:41 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement
 
 Notify customer, give a warning, make not on account, disregard studio
 letter.  Wait for subpoena before giving the studios any information.
 
 Regards,
 Chuck Hogg
 Shelby Broadband
 502-722-9292
 ch...@shelbybb.com
 http://www.shelbybb.com
 
 
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Monday, November 09, 2009 12:12 PM
 To: WISPA General List
 Subject: [WISPA] DMCA - copyright infringement
 
 We have received an email from our provider with a complaint from
 Twentieth Century FOX Film Corporation about a download movie from
 BitTorrent.
 
 They demand we notify the customer and make sure the customer is aware
 of our AUP. Has anyone received a notice like this and how did you
 handle the case. Are you following DMCA protocol, or taking another
 path?
 
 Thank you,
 Adam
 
 
 
 
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 http://signup.wispa.org/
 
 
 
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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Nick Olsen
It all depends on the ISP.
All they are doing is looking for the abuse email on the network. For our 
network this is us. However, Some of the bigger ISP's (TWTC...ect) actually 
have a up to date whois that you can query, So you Put in the info for lets 
say 65.33.33.33 and it says TWTC but once you query there whois it will 
tell you hostingcompanyx is who we issued this ip to. Linux's whois does 
this all by default.

The point I'm making is, It is possible for the customer to be the one to 
receive the email, Its all about who is listed as a abuse contact on the 
whois page.

Nick Olsen
Brevard Wireless
(321) 205-1100 x106




From: Adam Goodman a...@wispring.com
Sent: Tuesday, November 10, 2009 10:56 AM
To: WISPA General List wireless@wispa.org
Subject: Re: [WISPA] DMCA - copyright infringement

To me the question is how much work should I invest in order to
protect their copyright interest. It makes sense to me that since
they have no way of knowing the identity of the customer and all they
really have is an ip address. That the ISP would have to connect the
copyright owner to the customer. Billing them for the research work
sounds like good idea to me. That way I am not preventing them from
contacting the perpetrating party, and I also get paid for my time.

-Adam

On Tue, Nov 10, 2009 at 9:24 AM, Robert West robert.w...@just-micro.com 
wrote:
 I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it 
along
 and forget it.  Not my job.

 Bob-


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Chuck Hogg
 Sent: Monday, November 09, 2009 12:41 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Notify customer, give a warning, make not on account, disregard studio
 letter.  Wait for subpoena before giving the studios any information.

 Regards,
 Chuck Hogg
 Shelby Broadband
 502-722-9292
 ch...@shelbybb.com
 http://www.shelbybb.com


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Monday, November 09, 2009 12:12 PM
 To: WISPA General List
 Subject: [WISPA] DMCA - copyright infringement

 We have received an email from our provider with a complaint from
 Twentieth Century FOX Film Corporation about a download movie from
 BitTorrent.

 They demand we notify the customer and make sure the customer is aware
 of our AUP. Has anyone received a notice like this and how did you
 handle the case. Are you following DMCA protocol, or taking another
 path?

 Thank you,
 Adam


 
 
 WISPA Wants You! Join today!
 http://signup.wispa.org/
 
 

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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Nick Olsen
Really to cover yourself you would need to know what customer it came from, 
When NAT'ing that's hard to do. So yeah, I would agree you the ISP could 
become the sole person responsible for that unless you can point fingers at 
a customer.

Nick Olsen
Brevard Wireless
(321) 205-1100 x106




From: os10ru...@gmail.com os10ru...@gmail.com
Sent: Tuesday, November 10, 2009 11:03 AM
To: WISPA General List wireless@wispa.org
Subject: Re: [WISPA] DMCA - copyright infringement

What are you guys doing who have some/all of your network nat'ed? Seems 
like then more of the burden might fall on you.

GReg

On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:

 To me the question is how much work should I invest in order to
 protect their copyright interest. It makes sense to me that since
 they have no way of knowing the identity of the customer and all they
 really have is an ip address. That the ISP would have to connect the
 copyright owner to the customer. Billing them for the research work
 sounds like good idea to me. That way I am not preventing them from
 contacting the perpetrating party, and I also get paid for my time.
 
 -Adam
 
 
 
 On Tue, Nov 10, 2009 at 9:24 AM, Robert West robert.w...@just-micro.com 
wrote:
 I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it 
along
 and forget it.  Not my job.
 
 Bob-
 
 
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Chuck Hogg
 Sent: Monday, November 09, 2009 12:41 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement
 
 Notify customer, give a warning, make not on account, disregard studio
 letter.  Wait for subpoena before giving the studios any information.
 
 Regards,
 Chuck Hogg
 Shelby Broadband
 502-722-9292
 ch...@shelbybb.com
 http://www.shelbybb.com
 
 
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Monday, November 09, 2009 12:12 PM
 To: WISPA General List
 Subject: [WISPA] DMCA - copyright infringement
 
 We have received an email from our provider with a complaint from
 Twentieth Century FOX Film Corporation about a download movie from
 BitTorrent.
 
 They demand we notify the customer and make sure the customer is aware
 of our AUP. Has anyone received a notice like this and how did you
 handle the case. Are you following DMCA protocol, or taking another
 path?
 
 Thank you,
 Adam
 
 
 

 
 WISPA Wants You! Join today!
 http://signup.wispa.org/
 

 
 
 WISPA Wireless List: wireless@wispa.org
 
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Re: [WISPA] USF changes?

2009-11-10 Thread Tom DeReggi
This is the critical phrase

The measure will expand who pays into the fund

Anyone know the answer?

This is good if it makes high volume DSL and Cable Co to continue to pay USF 
fees.
But not so good if it makes suburban WISPs have to start paying into the 
fund.  Its a competitive advantage that WISPs dont have to pay the 5% USF 
tax currently, and needed advantage in the very competitive served markets, 
since WISPs are usually under dogs in their market.

Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: RickG rgunder...@gmail.com
To: WISPA General List wireless@wispa.org
Sent: Monday, November 09, 2009 11:49 PM
Subject: Re: [WISPA] USF changes?


 Warning: The bill also drew early praise from ATT

 On Mon, Nov 9, 2009 at 9:10 PM, Blair Davis the...@wmwisp.net wrote:


 http://www.internetnews.com/infra/article.php/3847366/Lawmakers+Float+Bill+to+Boost+Rural+Broadband.htm

 I'm not sure I need any more gov. interference!




 
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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Jerry Richardson
So if you are running a NAT/DHCP network, how would you find the offending 
customer? We are running static/public so we don't run into this.

I think the simplest way is to require the studio to provide the IP for the 
server delivering copyrighted information.

The ISP has to be tracking CPE MACs. 

Use MT's torch or Wireshark to look at connections across the network to find 
the BT server IP. Match the connection to the MAC and there you go.

Maybe there is an easier way.




-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Nick Olsen
Sent: Tuesday, November 10, 2009 8:11 AM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

Really to cover yourself you would need to know what customer it came from, 
When NAT'ing that's hard to do. So yeah, I would agree you the ISP could 
become the sole person responsible for that unless you can point fingers at 
a customer.

Nick Olsen
Brevard Wireless
(321) 205-1100 x106




From: os10ru...@gmail.com os10ru...@gmail.com
Sent: Tuesday, November 10, 2009 11:03 AM
To: WISPA General List wireless@wispa.org
Subject: Re: [WISPA] DMCA - copyright infringement

What are you guys doing who have some/all of your network nat'ed? Seems 
like then more of the burden might fall on you.

GReg

On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:

 To me the question is how much work should I invest in order to
 protect their copyright interest. It makes sense to me that since
 they have no way of knowing the identity of the customer and all they
 really have is an ip address. That the ISP would have to connect the
 copyright owner to the customer. Billing them for the research work
 sounds like good idea to me. That way I am not preventing them from
 contacting the perpetrating party, and I also get paid for my time.
 
 -Adam
 
 
 
 On Tue, Nov 10, 2009 at 9:24 AM, Robert West robert.w...@just-micro.com 
wrote:
 I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it 
along
 and forget it.  Not my job.
 
 Bob-
 
 
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Chuck Hogg
 Sent: Monday, November 09, 2009 12:41 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement
 
 Notify customer, give a warning, make not on account, disregard studio
 letter.  Wait for subpoena before giving the studios any information.
 
 Regards,
 Chuck Hogg
 Shelby Broadband
 502-722-9292
 ch...@shelbybb.com
 http://www.shelbybb.com
 
 
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Monday, November 09, 2009 12:12 PM
 To: WISPA General List
 Subject: [WISPA] DMCA - copyright infringement
 
 We have received an email from our provider with a complaint from
 Twentieth Century FOX Film Corporation about a download movie from
 BitTorrent.
 
 They demand we notify the customer and make sure the customer is aware
 of our AUP. Has anyone received a notice like this and how did you
 handle the case. Are you following DMCA protocol, or taking another
 path?
 
 Thank you,
 Adam
 
 
 

 
 WISPA Wants You! Join today!
 http://signup.wispa.org/
 

 
 
 WISPA Wireless List: wireless@wispa.org
 
 Subscribe/Unsubscribe:
 http://lists.wispa.org/mailman/listinfo/wireless
 
 Archives: http://lists.wispa.org/pipermail/wireless/
 
 
 


 
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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Josh Luthman
That works for current infringements but what about those last night? last
week? last month?

Josh Luthman
Office: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373

The secret to creativity is knowing how to hide your sources.
--- Albert Einstein


On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson jrichard...@aircloud.com
 wrote:

 So if you are running a NAT/DHCP network, how would you find the offending
 customer? We are running static/public so we don't run into this.

 I think the simplest way is to require the studio to provide the IP for the
 server delivering copyrighted information.

 The ISP has to be tracking CPE MACs.

 Use MT's torch or Wireshark to look at connections across the network to
 find the BT server IP. Match the connection to the MAC and there you go.

 Maybe there is an easier way.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Nick Olsen
 Sent: Tuesday, November 10, 2009 8:11 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Really to cover yourself you would need to know what customer it came from,
 When NAT'ing that's hard to do. So yeah, I would agree you the ISP could
 become the sole person responsible for that unless you can point fingers at
 a customer.

 Nick Olsen
 Brevard Wireless
 (321) 205-1100 x106


 

 From: os10ru...@gmail.com os10ru...@gmail.com
 Sent: Tuesday, November 10, 2009 11:03 AM
 To: WISPA General List wireless@wispa.org
 Subject: Re: [WISPA] DMCA - copyright infringement

 What are you guys doing who have some/all of your network nat'ed? Seems
 like then more of the burden might fall on you.

 GReg

 On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:

  To me the question is how much work should I invest in order to
  protect their copyright interest. It makes sense to me that since
  they have no way of knowing the identity of the customer and all they
  really have is an ip address. That the ISP would have to connect the
  copyright owner to the customer. Billing them for the research work
  sounds like good idea to me. That way I am not preventing them from
  contacting the perpetrating party, and I also get paid for my time.
 
  -Adam
 
 
 
  On Tue, Nov 10, 2009 at 9:24 AM, Robert West robert.w...@just-micro.com
 
 wrote:
  I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it
 along
  and forget it.  Not my job.
 
  Bob-
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
  Behalf Of Chuck Hogg
  Sent: Monday, November 09, 2009 12:41 PM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Notify customer, give a warning, make not on account, disregard studio
  letter.  Wait for subpoena before giving the studios any information.
 
  Regards,
  Chuck Hogg
  Shelby Broadband
  502-722-9292
  ch...@shelbybb.com
  http://www.shelbybb.com
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
  Behalf Of Adam Goodman
  Sent: Monday, November 09, 2009 12:12 PM
  To: WISPA General List
  Subject: [WISPA] DMCA - copyright infringement
 
  We have received an email from our provider with a complaint from
  Twentieth Century FOX Film Corporation about a download movie from
  BitTorrent.
 
  They demand we notify the customer and make sure the customer is aware
  of our AUP. Has anyone received a notice like this and how did you
  handle the case. Are you following DMCA protocol, or taking another
  path?
 
  Thank you,
  Adam
 
 
 
 
  
  WISPA Wants You! Join today!
  http://signup.wispa.org/
 
 
  
 
  WISPA Wireless List: wireless@wispa.org
 
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  http://lists.wispa.org/mailman/listinfo/wireless
 
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Re: [WISPA] customers dogs chewing on CAT5

2009-11-10 Thread Tom DeReggi
OR one can just do a professional install job, and not have loose 
cables, and properly stable/fasten all cables flush to surfaces every three 
feet, and run behind walls, and under trims, etc.   Dogs have never been a 
threat to my installs. Sure a Dog might chew a 6ft Patch Cable, but thats an 
easy fix, and easilly verified by end user.  Now on the other hand a Weed 
Eater? We've had a few cut by lawn care, when the weeds grew up to the trim 
edge, cause they dont even know the cable is there, and accidentally get it.

Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Chuck Bartosch ch...@clarityconnect.com
To: WISPA General List wireless@wispa.org
Sent: Monday, November 09, 2009 9:17 PM
Subject: Re: [WISPA] customers dogs chewing on CAT5


 Feed and Grain stores sell bitters, but I find that any determined dog
 will ignore the bitters and chew away.

 In fact, just this morning I coincidentally happened to have some
 bitters (gf bought it a while back) and thought oh what the hell and
 sprayed it on something a dog was chewing on. The dog went right back
 to it, licked it, shook his head, licked his chops, and licked the
 wood again. Kept doing this, whining at times, until it was all
 clean and he could chew again ;-).

 However, I *have* found that Habanero Tabasco Hot Sauce works 100% of
 the time. That's like 10,000 times hotter than normal jalapeno hot
 sauce and they do not like and do not go back for a second lick.

 Chuck

 On Nov 9, 2009, at 10:18 AM, Greg wrote:

 Your local feed and grain or pet store should have aerosol dog
 repellent.

 Greg

 On Mon, Nov 9, 2009 at 10:43 AM, Kurt Fankhauser k...@wavelinc.com
 wrote:

 I've had several customers that have had their dog chew on the Cat5
 going
 from the house to the TV tower and some of them multiple times.



 Anyone have ideas on how to keep the dog from chewing on the wire?
 I've got
 one customer on their 3rd Cat5 run and going out right now to
 replace a
 different customer that will be his 3rd one as well.



 I'm about ready to shoot the stinking dog..



 Kurt Fankhauser
 WAVELINC
 P.O. Box 126
 Bucyrus, OH 44820
 419-562-6405
 www.wavelinc.com










 
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 WISPA Wireless List: wireless@wispa.org

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 Archives: http://lists.wispa.org/pipermail/wireless/

 --
 Chuck Bartosch
 Clarity Connect, Inc.
 200 Pleasant Grove Road
 Ithaca, NY 14850
 (607) 257-8268

 When the stars threw down their spears,
 and water'd heaven with their tears,
 Did He smile, His work to see?
 Did He who made the Lamb make thee?

 From William Blake's Tiger!, Tiger!





 
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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Jerry Richardson
good point.

So what does the law require? 

Is this a case for why providing Internet services without a static public IP 
exposed the ISP to legal suit?



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Josh Luthman
Sent: Tuesday, November 10, 2009 9:31 AM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

That works for current infringements but what about those last night? last
week? last month?

Josh Luthman
Office: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373

The secret to creativity is knowing how to hide your sources.
--- Albert Einstein


On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson jrichard...@aircloud.com
 wrote:

 So if you are running a NAT/DHCP network, how would you find the offending
 customer? We are running static/public so we don't run into this.

 I think the simplest way is to require the studio to provide the IP for the
 server delivering copyrighted information.

 The ISP has to be tracking CPE MACs.

 Use MT's torch or Wireshark to look at connections across the network to
 find the BT server IP. Match the connection to the MAC and there you go.

 Maybe there is an easier way.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Nick Olsen
 Sent: Tuesday, November 10, 2009 8:11 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Really to cover yourself you would need to know what customer it came from,
 When NAT'ing that's hard to do. So yeah, I would agree you the ISP could
 become the sole person responsible for that unless you can point fingers at
 a customer.

 Nick Olsen
 Brevard Wireless
 (321) 205-1100 x106


 

 From: os10ru...@gmail.com os10ru...@gmail.com
 Sent: Tuesday, November 10, 2009 11:03 AM
 To: WISPA General List wireless@wispa.org
 Subject: Re: [WISPA] DMCA - copyright infringement

 What are you guys doing who have some/all of your network nat'ed? Seems
 like then more of the burden might fall on you.

 GReg

 On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:

  To me the question is how much work should I invest in order to
  protect their copyright interest. It makes sense to me that since
  they have no way of knowing the identity of the customer and all they
  really have is an ip address. That the ISP would have to connect the
  copyright owner to the customer. Billing them for the research work
  sounds like good idea to me. That way I am not preventing them from
  contacting the perpetrating party, and I also get paid for my time.
 
  -Adam
 
 
 
  On Tue, Nov 10, 2009 at 9:24 AM, Robert West robert.w...@just-micro.com
 
 wrote:
  I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it
 along
  and forget it.  Not my job.
 
  Bob-
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
  Behalf Of Chuck Hogg
  Sent: Monday, November 09, 2009 12:41 PM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Notify customer, give a warning, make not on account, disregard studio
  letter.  Wait for subpoena before giving the studios any information.
 
  Regards,
  Chuck Hogg
  Shelby Broadband
  502-722-9292
  ch...@shelbybb.com
  http://www.shelbybb.com
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
  Behalf Of Adam Goodman
  Sent: Monday, November 09, 2009 12:12 PM
  To: WISPA General List
  Subject: [WISPA] DMCA - copyright infringement
 
  We have received an email from our provider with a complaint from
  Twentieth Century FOX Film Corporation about a download movie from
  BitTorrent.
 
  They demand we notify the customer and make sure the customer is aware
  of our AUP. Has anyone received a notice like this and how did you
  handle the case. Are you following DMCA protocol, or taking another
  path?
 
  Thank you,
  Adam
 
 
 
 
  
  WISPA Wants You! Join today!
  http://signup.wispa.org/
 
 
  
 
  WISPA Wireless List: wireless@wispa.org
 
  Subscribe/Unsubscribe:
  http://lists.wispa.org/mailman/listinfo/wireless
 
  Archives: http://lists.wispa.org/pipermail/wireless/
 
 
 

 

  
  WISPA Wants You! Join today!
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  http://lists.wispa.org/mailman/listinfo/wireless
 
  Archives: http://lists.wispa.org/pipermail/wireless/
 
 
 
 

 
 
  WISPA Wants You! 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Jerry Richardson
OK so let's play out the scenario.

Studio wants ISP send a letter to the customer
ISP is NAT/DHCP - has no way to know
Studio gets subpoena

What now? At this point LEA is involved which demands cooperation.
If the network is open WiFi, then there truly is no way to know.
If the network is fixed installation, then the ISP could provide the 
information.

So assuming it's a fixed installation, the ISP sets up a server with Wireshark 
or other packet capture and stores that data for1 day, 1 week, 1 month? 

At this point is the ISP breaking any privacy laws of customers that are NOT 
named in the subpoena? Not if the customer's TOA indicated that their Internet 
traffic MAY be stored and analyzed under legal request by LEA.


Mind you this is all hypothetical. I'm just trying to understand the potential 
impact and exposire on the part of the ISP.




-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Josh Luthman
Sent: Tuesday, November 10, 2009 9:48 AM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

 So what does the law require?

It doesn't.

 Is this a case for why providing Internet services without a static public
IP exposed the ISP to legal suit?

If the law changes and says each customer is required to have a public IP,
then ISPs need to be provided as such.

Keep in mind, too, that IPs are dynamic with most ISPs.  Don't forget that
the I have an open WiFi don't blame me case still works.

Josh Luthman
Office: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373

The secret to creativity is knowing how to hide your sources.
--- Albert Einstein


On Tue, Nov 10, 2009 at 12:42 PM, Jerry Richardson jrichard...@aircloud.com
 wrote:

 good point.

 So what does the law require?

 Is this a case for why providing Internet services without a static public
 IP exposed the ISP to legal suit?



 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Josh Luthman
 Sent: Tuesday, November 10, 2009 9:31 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 That works for current infringements but what about those last night? last
 week? last month?

 Josh Luthman
 Office: 937-552-2340
 Direct: 937-552-2343
 1100 Wayne St
 Suite 1337
 Troy, OH 45373

 The secret to creativity is knowing how to hide your sources.
 --- Albert Einstein


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson 
 jrichard...@aircloud.com
  wrote:

  So if you are running a NAT/DHCP network, how would you find the
 offending
  customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP for
 the
  server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the network to
  find the BT server IP. Match the connection to the MAC and there you go.
 
  Maybe there is an easier way.
 
 
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
  Behalf Of Nick Olsen
  Sent: Tuesday, November 10, 2009 8:11 AM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Really to cover yourself you would need to know what customer it came
 from,
  When NAT'ing that's hard to do. So yeah, I would agree you the ISP could
  become the sole person responsible for that unless you can point fingers
 at
  a customer.
 
  Nick Olsen
  Brevard Wireless
  (321) 205-1100 x106
 
 
  
 
  From: os10ru...@gmail.com os10ru...@gmail.com
  Sent: Tuesday, November 10, 2009 11:03 AM
  To: WISPA General List wireless@wispa.org
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  What are you guys doing who have some/all of your network nat'ed? Seems
  like then more of the burden might fall on you.
 
  GReg
 
  On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:
 
   To me the question is how much work should I invest in order to
   protect their copyright interest. It makes sense to me that since
   they have no way of knowing the identity of the customer and all they
   really have is an ip address. That the ISP would have to connect the
   copyright owner to the customer. Billing them for the research work
   sounds like good idea to me. That way I am not preventing them from
   contacting the perpetrating party, and I also get paid for my time.
  
   -Adam
  
  
  
   On Tue, Nov 10, 2009 at 9:24 AM, Robert West 
 robert.w...@just-micro.com
  
  wrote:
   I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it
  along
   and forget it.  Not my job.
  
   Bob-
  
  
   -Original Message-
   From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
 On
   Behalf Of Chuck Hogg
   Sent: Monday, November 09, 2009 12:41 PM
   To: WISPA General List
   Subject: Re: [WISPA] 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread os10rules
But they also keep records of who had which IP when.

Greg

On Nov 10, 2009, at 1:17 PM, Josh Luthman wrote:

 Keep in mind, too, that IPs are dynamic with most ISPs.




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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Israel Lopez-LISTS
AFAIK your assertion that NAT/DHCP - has no way to know is not 
entirely correct.

Just how most Cable companies require you to register the MAC address of 
your modem to tie to your account (DHCP has logs you know), University 
students sign up for dorm internet using their mac address (which they 
sometimes rewrite onto their modem), but someone's name is still on the 
'account.'  This is how I think those 'high exposure' for DMCA 
(especially university) handle DMCA to Violator lookups.

One does not need to open up wireshark and start logging traffic for 
awhile.  Sufficient logs with enough detail (IP  MAC + cross reference 
against account holder)  accurate timestamps should be enough to 
identify who is who at what time without violating your customer's 
privacy of their data.

-I


Jerry Richardson wrote:
 OK so let's play out the scenario.

 Studio wants ISP send a letter to the customer
 ISP is NAT/DHCP - has no way to know
 Studio gets subpoena

 What now? At this point LEA is involved which demands cooperation.
 If the network is open WiFi, then there truly is no way to know.
 If the network is fixed installation, then the ISP could provide the 
 information.

 So assuming it's a fixed installation, the ISP sets up a server with 
 Wireshark or other packet capture and stores that data for1 day, 1 week, 
 1 month? 

 At this point is the ISP breaking any privacy laws of customers that are NOT 
 named in the subpoena? Not if the customer's TOA indicated that their 
 Internet traffic MAY be stored and analyzed under legal request by LEA.


 Mind you this is all hypothetical. I'm just trying to understand the 
 potential impact and exposire on the part of the ISP.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On 
 Behalf Of Josh Luthman
 Sent: Tuesday, November 10, 2009 9:48 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

   
 So what does the law require?
 

 It doesn't.

   
 Is this a case for why providing Internet services without a static public
 
 IP exposed the ISP to legal suit?

 If the law changes and says each customer is required to have a public IP,
 then ISPs need to be provided as such.

 Keep in mind, too, that IPs are dynamic with most ISPs.  Don't forget that
 the I have an open WiFi don't blame me case still works.

 Josh Luthman
 Office: 937-552-2340
 Direct: 937-552-2343
 1100 Wayne St
 Suite 1337
 Troy, OH 45373

 The secret to creativity is knowing how to hide your sources.
 --- Albert Einstein


 On Tue, Nov 10, 2009 at 12:42 PM, Jerry Richardson jrichard...@aircloud.com
   
 wrote:
 

   
 good point.

 So what does the law require?

 Is this a case for why providing Internet services without a static public
 IP exposed the ISP to legal suit?



 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Josh Luthman
 Sent: Tuesday, November 10, 2009 9:31 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 That works for current infringements but what about those last night? last
 week? last month?

 Josh Luthman
 Office: 937-552-2340
 Direct: 937-552-2343
 1100 Wayne St
 Suite 1337
 Troy, OH 45373

 The secret to creativity is knowing how to hide your sources.
 --- Albert Einstein


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson 
 jrichard...@aircloud.com
 
 wrote:
   
 So if you are running a NAT/DHCP network, how would you find the
   
 offending
 
 customer? We are running static/public so we don't run into this.

 I think the simplest way is to require the studio to provide the IP for
   
 the
 
 server delivering copyrighted information.

 The ISP has to be tracking CPE MACs.

 Use MT's torch or Wireshark to look at connections across the network to
 find the BT server IP. Match the connection to the MAC and there you go.

 Maybe there is an easier way.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Nick Olsen
 Sent: Tuesday, November 10, 2009 8:11 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Really to cover yourself you would need to know what customer it came
   
 from,
 
 When NAT'ing that's hard to do. So yeah, I would agree you the ISP could
 become the sole person responsible for that unless you can point fingers
   
 at
 
 a customer.

 Nick Olsen
 Brevard Wireless
 (321) 205-1100 x106


 

 From: os10ru...@gmail.com os10ru...@gmail.com
 Sent: Tuesday, November 10, 2009 11:03 AM
 To: WISPA General List wireless@wispa.org
 Subject: Re: [WISPA] DMCA - copyright infringement

 What are you guys doing who have some/all of your network nat'ed? Seems
 like then more of the burden might fall on you.

 GReg

 On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:

   
 To me the question is how much 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Josh Luthman
 So what does the law require?

It doesn't.

 Is this a case for why providing Internet services without a static public
IP exposed the ISP to legal suit?

If the law changes and says each customer is required to have a public IP,
then ISPs need to be provided as such.

Keep in mind, too, that IPs are dynamic with most ISPs.  Don't forget that
the I have an open WiFi don't blame me case still works.

Josh Luthman
Office: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373

The secret to creativity is knowing how to hide your sources.
--- Albert Einstein


On Tue, Nov 10, 2009 at 12:42 PM, Jerry Richardson jrichard...@aircloud.com
 wrote:

 good point.

 So what does the law require?

 Is this a case for why providing Internet services without a static public
 IP exposed the ISP to legal suit?



 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Josh Luthman
 Sent: Tuesday, November 10, 2009 9:31 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 That works for current infringements but what about those last night? last
 week? last month?

 Josh Luthman
 Office: 937-552-2340
 Direct: 937-552-2343
 1100 Wayne St
 Suite 1337
 Troy, OH 45373

 The secret to creativity is knowing how to hide your sources.
 --- Albert Einstein


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson 
 jrichard...@aircloud.com
  wrote:

  So if you are running a NAT/DHCP network, how would you find the
 offending
  customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP for
 the
  server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the network to
  find the BT server IP. Match the connection to the MAC and there you go.
 
  Maybe there is an easier way.
 
 
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
  Behalf Of Nick Olsen
  Sent: Tuesday, November 10, 2009 8:11 AM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Really to cover yourself you would need to know what customer it came
 from,
  When NAT'ing that's hard to do. So yeah, I would agree you the ISP could
  become the sole person responsible for that unless you can point fingers
 at
  a customer.
 
  Nick Olsen
  Brevard Wireless
  (321) 205-1100 x106
 
 
  
 
  From: os10ru...@gmail.com os10ru...@gmail.com
  Sent: Tuesday, November 10, 2009 11:03 AM
  To: WISPA General List wireless@wispa.org
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  What are you guys doing who have some/all of your network nat'ed? Seems
  like then more of the burden might fall on you.
 
  GReg
 
  On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:
 
   To me the question is how much work should I invest in order to
   protect their copyright interest. It makes sense to me that since
   they have no way of knowing the identity of the customer and all they
   really have is an ip address. That the ISP would have to connect the
   copyright owner to the customer. Billing them for the research work
   sounds like good idea to me. That way I am not preventing them from
   contacting the perpetrating party, and I also get paid for my time.
  
   -Adam
  
  
  
   On Tue, Nov 10, 2009 at 9:24 AM, Robert West 
 robert.w...@just-micro.com
  
  wrote:
   I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it
  along
   and forget it.  Not my job.
  
   Bob-
  
  
   -Original Message-
   From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
 On
   Behalf Of Chuck Hogg
   Sent: Monday, November 09, 2009 12:41 PM
   To: WISPA General List
   Subject: Re: [WISPA] DMCA - copyright infringement
  
   Notify customer, give a warning, make not on account, disregard studio
   letter.  Wait for subpoena before giving the studios any information.
  
   Regards,
   Chuck Hogg
   Shelby Broadband
   502-722-9292
   ch...@shelbybb.com
   http://www.shelbybb.com
  
  
   -Original Message-
   From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
 On
   Behalf Of Adam Goodman
   Sent: Monday, November 09, 2009 12:12 PM
   To: WISPA General List
   Subject: [WISPA] DMCA - copyright infringement
  
   We have received an email from our provider with a complaint from
   Twentieth Century FOX Film Corporation about a download movie from
   BitTorrent.
  
   They demand we notify the customer and make sure the customer is aware
   of our AUP. Has anyone received a notice like this and how did you
   handle the case. Are you following DMCA protocol, or taking another
   path?
  
   Thank you,
   Adam
  
  
  
  
   
   WISPA Wants You! Join today!
   

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Nick Olsen
This is correct, But the cable companys hand out public addresses with 
DHCP. So you can say, Yeah This address was assigned to mac on this date. 
And they know the offending IP because it was in the email, But When you 
nat all your customers, the ip in the email is the IP assigned to the wan 
interface of your router, or whatever you are masquerading out. So you have 
no idea what the internal IP was the offender. And no log will tell you 
which one was.

Nick Olsen
Brevard Wireless
(321) 205-1100 x106




From: Israel Lopez-LISTS ilopezli...@sandboxitsolutions.com
Sent: Tuesday, November 10, 2009 1:14 PM
To: WISPA General List wireless@wispa.org
Subject: Re: [WISPA] DMCA - copyright infringement

AFAIK your assertion that NAT/DHCP - has no way to know is not 
entirely correct.

Just how most Cable companies require you to register the MAC address of 
your modem to tie to your account (DHCP has logs you know), University 
students sign up for dorm internet using their mac address (which they 
sometimes rewrite onto their modem), but someone's name is still on the 
'account.'  This is how I think those 'high exposure' for DMCA 
(especially university) handle DMCA to Violator lookups.

One does not need to open up wireshark and start logging traffic for 
awhile.  Sufficient logs with enough detail (IP  MAC + cross reference 
against account holder)  accurate timestamps should be enough to 
identify who is who at what time without violating your customer's 
privacy of their data.

-I

Jerry Richardson wrote:
 OK so let's play out the scenario.

 Studio wants ISP send a letter to the customer
 ISP is NAT/DHCP - has no way to know
 Studio gets subpoena

 What now? At this point LEA is involved which demands cooperation.
 If the network is open WiFi, then there truly is no way to know.
 If the network is fixed installation, then the ISP could provide the 
information.

 So assuming it's a fixed installation, the ISP sets up a server with 
Wireshark or other packet capture and stores that data for1 day, 1 
week, 1 month? 

 At this point is the ISP breaking any privacy laws of customers that are 
NOT named in the subpoena? Not if the customer's TOA indicated that their 
Internet traffic MAY be stored and analyzed under legal request by LEA.


 Mind you this is all hypothetical. I'm just trying to understand the 
potential impact and exposire on the part of the ISP.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On 
Behalf Of Josh Luthman
 Sent: Tuesday, November 10, 2009 9:48 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

   
 So what does the law require?
 

 It doesn't.

   
 Is this a case for why providing Internet services without a static 
public
 
 IP exposed the ISP to legal suit?

 If the law changes and says each customer is required to have a public 
IP,
 then ISPs need to be provided as such.

 Keep in mind, too, that IPs are dynamic with most ISPs.  Don't forget 
that
 the I have an open WiFi don't blame me case still works.

 Josh Luthman
 Office: 937-552-2340
 Direct: 937-552-2343
 1100 Wayne St
 Suite 1337
 Troy, OH 45373

 The secret to creativity is knowing how to hide your sources.
 --- Albert Einstein


 On Tue, Nov 10, 2009 at 12:42 PM, Jerry Richardson 
jrichard...@aircloud.com
   
 wrote:
 

   
 good point.

 So what does the law require?

 Is this a case for why providing Internet services without a static 
public
 IP exposed the ISP to legal suit?



 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Josh Luthman
 Sent: Tuesday, November 10, 2009 9:31 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 That works for current infringements but what about those last night? 
last
 week? last month?

 Josh Luthman
 Office: 937-552-2340
 Direct: 937-552-2343
 1100 Wayne St
 Suite 1337
 Troy, OH 45373

 The secret to creativity is knowing how to hide your sources.
 --- Albert Einstein


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson 
 jrichard...@aircloud.com
 
 wrote:
   
 So if you are running a NAT/DHCP network, how would you find the
   
 offending
 
 customer? We are running static/public so we don't run into this.

 I think the simplest way is to require the studio to provide the IP 
for
   
 the
 
 server delivering copyrighted information.

 The ISP has to be tracking CPE MACs.

 Use MT's torch or Wireshark to look at connections across the network 
to
 find the BT server IP. Match the connection to the MAC and there you 
go.

 Maybe there is an easier way.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] 
On
 Behalf Of Nick Olsen
 Sent: Tuesday, November 10, 2009 8:11 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Really to cover yourself 

Re: [WISPA] CPE - who buys it?

2009-11-10 Thread Tom DeReggi
Rick,

No your assumption is not true.

Property Tax is applied on property.  When you buy radio CPE it shows up 
on your financials as property, and if you TAX DEDUCT the cost of the CPE, 
which I sure hope you do for your benefit, you have claimed those purchases 
as property.  A Auditor isn;t going to go look for a single small purchase. 
But I assure you CPEs, a line item which adds up to be a huge inaggregate 
cost, they will immediately see that property and recognize whether that 
property was declared, and property tax properly paid on it or not. As a 
matter of fact some counties will check you federal returns, to find your 
claimed deductions and depreciations, and automatically assess your property 
tax based on your Federal Tax Returns.

SO IF your county charges Property Tax then your CPEs are TAXABLE 
PROPERTY UNLESS your county specifically has passsed a law to excemption 
radio equipment.  Loudon County Virgina is one specific County that made 
Wireless CPE exempt from property tax to foster local investment in 
Broadband. I wish more counties were as insightful, because it was a very 
effective program.  Property Tax is NOT just for large real estate. Its paid 
on EVERY TANGIBLE ASSET you own. That include an office chair, a computer, a 
telephone, a router, a CPE, what ever it is that you own.

Mike, Just because nobody has been commming around asking for Property Tax 
on CPE does not make it not owed. Property Tax is self claimed, so the 
government doesn't know you have that property until they decide to audit 
you, or you tell them. But why do you pay any tax of any kind at all? After 
all, if you aren't audited you wont have to pay it? Because you know when 
you are audited, you'll be in big trouble if you didn't. The same applied to 
Property Tax. The burden is on the Property Owner to know the law and 
properly report Tax, or it is illegal TAX Evading, if the owner does not 
report it.

Yes, I've fully qualified the above with attorneys and accountants. I 
learned this the hard way.
I originally over paid my property taxes, because I didn't know the laws. 
When I learned I over paid, I stopped reporting and paying Property tax.
I got audited by the county, and they decided to estimate my Property Tax 
based on data reported on my income tax returns, which was about 10 times 
more than I actually owed.
The way it work is, you pay everything the government claims, and then if 
you protest the amounts and win, they'll send you a refund.
I made the mistake of fighting the process, and when I didn't pay the wrong 
amounts, they simply immediately cancelled my corporate status, reported it 
to credit agencies, and made it impossible for me to get a LOAN for over 1.5 
years. I couldn't even renew my ARIN IP, until I got it cleared up.

The reason you report Property Tax on CPE is so you can report the correct 
amounts. The government does not have access to the fact to assess a correct 
amount and will always grossly over estimate. You should also include a 
letter explaining anything that might look odd.

This is the thing Property Tax is paid to the State that the property is 
located and installed in.  So if you are a  Pennsylvania business, and buy 
equipment from California, and install the CPE into Maryland, you pay 
Property Tax on that CPE to Maryland. The problem here is that most WISPs 
dont track where they will install a CPE at the time they buy bulk CPE, so 
there is usually not a good record of where to pay tax to.  SO... IF you buy 
100 CPEs and Pay Tax on 100 CPEs to your State, and then isntall 30 of those 
CPEs in another State, you owe that second State Property Tax for 30 CPEs. 
This means that you are at risk of paying Tax TWICE, if you do not properly 
track where property resides and break tax payments down appropriately to 
match.

This is one of the reasons I am against tracking an ISP's end user 
locations. The States/Counties will then have a clear record to track how 
many CPEs an ISP has in their County.

To find out if you owe property tax, you need to look at county code. Dont 
look for something to say that you have to pay tax on CPE, because it wont 
be there. By default you are obligated to pay tax on EVERYTHING, unless an 
excemption was given. So you are looking for an Excemption in the County Tax 
Code specifically for broadband investment.
If you cant find one, Contact your County and point them to the fine example 
that Loudon County Virginia has made to help make their County one of the 
most advanced Broadband Counties in the Country, and ask them to follow in 
their foot steps.

It was funny, when I contacted my County about Property Tax and that I'd 
likely be applying for a BTOP grant bringing in a large amount of new 
property, the first thing they saw was Dollar signs, and it was inferred 
they had no intentions of waiving the Property Tax. I found it extremely 
hippocritical, that they'd not waive property tax to help private 

Re: [WISPA] CPE - who buys it?

2009-11-10 Thread Tom DeReggi
Quick Clarification

As far as I know Personal Property Tax is a County Tax, and taxation is 
under the jurisdiction of the County Code, so its possible some states or 
Counties might not have a  Personal Property Tax on anything.  However, in 
our case the State collect Property Tax on behalf of the Counties.
Many Counties get the majority of their income from Property Tax. With the 
Housing market crash, and falling property values, Counties have lost a huge 
percentage of their income, and usually in somewhat of a budget crisis 
because of it. For this reason it very possible that they might have their 
auditors look harder to areas other than Real Estate, to look for unreported 
taxable property. Just something to be concious about.

Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Tom DeReggi wirelessn...@rapiddsl.net
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 1:36 PM
Subject: Re: [WISPA] CPE - who buys it?


 Rick,

 No your assumption is not true.

 Property Tax is applied on property.  When you buy radio CPE it shows up
 on your financials as property, and if you TAX DEDUCT the cost of the 
 CPE,
 which I sure hope you do for your benefit, you have claimed those 
 purchases
 as property.  A Auditor isn;t going to go look for a single small 
 purchase.
 But I assure you CPEs, a line item which adds up to be a huge inaggregate
 cost, they will immediately see that property and recognize whether that
 property was declared, and property tax properly paid on it or not. As a
 matter of fact some counties will check you federal returns, to find your
 claimed deductions and depreciations, and automatically assess your 
 property
 tax based on your Federal Tax Returns.

 SO IF your county charges Property Tax then your CPEs are TAXABLE
 PROPERTY UNLESS your county specifically has passsed a law to 
 excemption
 radio equipment.  Loudon County Virgina is one specific County that made
 Wireless CPE exempt from property tax to foster local investment in
 Broadband. I wish more counties were as insightful, because it was a very
 effective program.  Property Tax is NOT just for large real estate. Its 
 paid
 on EVERY TANGIBLE ASSET you own. That include an office chair, a computer, 
 a
 telephone, a router, a CPE, what ever it is that you own.

 Mike, Just because nobody has been commming around asking for Property Tax
 on CPE does not make it not owed. Property Tax is self claimed, so the
 government doesn't know you have that property until they decide to audit
 you, or you tell them. But why do you pay any tax of any kind at all? 
 After
 all, if you aren't audited you wont have to pay it? Because you know when
 you are audited, you'll be in big trouble if you didn't. The same applied 
 to
 Property Tax. The burden is on the Property Owner to know the law and
 properly report Tax, or it is illegal TAX Evading, if the owner does not
 report it.

 Yes, I've fully qualified the above with attorneys and accountants. I
 learned this the hard way.
 I originally over paid my property taxes, because I didn't know the laws.
 When I learned I over paid, I stopped reporting and paying Property tax.
 I got audited by the county, and they decided to estimate my Property Tax
 based on data reported on my income tax returns, which was about 10 times
 more than I actually owed.
 The way it work is, you pay everything the government claims, and then if
 you protest the amounts and win, they'll send you a refund.
 I made the mistake of fighting the process, and when I didn't pay the 
 wrong
 amounts, they simply immediately cancelled my corporate status, reported 
 it
 to credit agencies, and made it impossible for me to get a LOAN for over 
 1.5
 years. I couldn't even renew my ARIN IP, until I got it cleared up.

 The reason you report Property Tax on CPE is so you can report the correct
 amounts. The government does not have access to the fact to assess a 
 correct
 amount and will always grossly over estimate. You should also include a
 letter explaining anything that might look odd.

 This is the thing Property Tax is paid to the State that the property 
 is
 located and installed in.  So if you are a  Pennsylvania business, and buy
 equipment from California, and install the CPE into Maryland, you pay
 Property Tax on that CPE to Maryland. The problem here is that most WISPs
 dont track where they will install a CPE at the time they buy bulk CPE, so
 there is usually not a good record of where to pay tax to.  SO... IF you 
 buy
 100 CPEs and Pay Tax on 100 CPEs to your State, and then isntall 30 of 
 those
 CPEs in another State, you owe that second State Property Tax for 30 CPEs.
 This means that you are at risk of paying Tax TWICE, if you do not 
 properly
 track where property resides and break tax payments down appropriately to
 match.

 This is one of the reasons I am against tracking an ISP's end user
 

Re: [WISPA] NTIA / RUS - Request for Information for 2nd Round Released

2009-11-10 Thread Tom DeReggi
WISPA as well will be filing comments, and have been patiently waiting this 
anticipated  ROI.

Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


  - Original Message - 
  From: Charles Wu 
  To: memb...@wispa.org ; WISPA General List 
  Sent: Tuesday, November 10, 2009 12:39 PM
  Subject: [WISPA] NTIA / RUS - Request for Information for 2nd Round Released


  We will be filing comments, so if you want to add your “2 cents” on the 
process, let me know and we’ll be more than happy to incorporate your thoughts

   

  Agencies Plan to Consolidate Final Two Funding Rounds, Seek Comment on 
Program Enhancements 

   

  WASHINGTON – The USDA‟s Rural Utilities Service (RUS) and the Commerce 
Department‟s National Telecommunications and Information Administration (NTIA) 
today announced they are streamlining the American Recovery and Reinvestment 
Act‟s broadband grant and loan programs by awarding the remaining funding in 
just one more round, instead of two rounds, to increase efficiency and better 
accommodate applicants. 

   

  The agencies also announced they are seeking public comment on how best to 
administer the second round of funding for the programs in order to improve the 
applicant experience and maximize the ability of the programs to meet Recovery 
Act objectives. 

   

  “Stakeholders will have the opportunity to provide us with well-informed 
feedback on how the first round worked for applicants, the agencies will be 
able to make improvements to the process, and potential applicants will gain 
more time to form partnerships and create stronger project proposals. 
Ultimately, this approach can help us run the programs with increased 
efficiency and produce better results for the American public,” Strickling 
said. 

   

  In a Request for Information (RFI) released today, the agencies are seeking 
feedback on procedural and policy aspects of BIP and BTOP. While inviting 
general input on the programs, the agencies identified specific areas for 
comment. 

   

  In terms of procedural matters, for example, the RFI seeks input on ways to 
streamline the application process while still ensuring that the agencies 
obtain the information necessary to make awards in accordance with statutory 
requirements. The RFI also asks whether the agencies can better balance the 
public‟s interest in transparency and openness with stakeholders‟ legitimate 
interest in maintaining the confidentiality of proprietary data.

   

  Among policy matters raised, the RFI seeks comment on how to best target the 
remaining funds to achieve the goals of the Recovery Act. Commenters proposing 
a more targeted approach are asked to quantify the impact of their proposal 
based on metrics such as the number of end users or community anchor 
institutions connecting to service, the number of new jobs created, and the 
projected increase in broadband adoption rates. The RFI asks whether to focus 
second round funding on projects that create “comprehensive communities” by 
installing high capacity middle mile facilities between anchor institutions 
that bring essential health, medical, and educational services to citizens. The 
RFI also invites input on various other issues, including whether the 
definition of “remote area,” which is used to determine grant eligibility under 
BIP, is too restrictive, how the agencies can best ensure that investments are 
cost effective, and ways the programs might impact regional economic 
development and stability. 

   

  RUS and NTIA will utilize the feedback received in response to the RFI to set 
the rules for the second funding round, which the agencies expect

   

   


   Charles Wu
President
c...@ippay.com
cell: 773-870-0962 • office: 847-346-0990 x2500
   

   

16W235 83rd Street, Suite A, Burr Ridge, IL 60527 • tel: 847.346.0990 
fax: 847.346.0991
   

   

   

   

   



--




  

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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Adam Goodman
Sounds like a lot of work. I think the question should be - Is it
really your (our) job to protect those crappies revenue stream?


On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
jrichard...@aircloud.com wrote:
 So if you are running a NAT/DHCP network, how would you find the offending 
 customer? We are running static/public so we don't run into this.

 I think the simplest way is to require the studio to provide the IP for the 
 server delivering copyrighted information.

 The ISP has to be tracking CPE MACs.

 Use MT's torch or Wireshark to look at connections across the network to find 
 the BT server IP. Match the connection to the MAC and there you go.

 Maybe there is an easier way.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On 
 Behalf Of Nick Olsen
 Sent: Tuesday, November 10, 2009 8:11 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Really to cover yourself you would need to know what customer it came from,
 When NAT'ing that's hard to do. So yeah, I would agree you the ISP could
 become the sole person responsible for that unless you can point fingers at
 a customer.

 Nick Olsen
 Brevard Wireless
 (321) 205-1100 x106


 

 From: os10ru...@gmail.com os10ru...@gmail.com
 Sent: Tuesday, November 10, 2009 11:03 AM
 To: WISPA General List wireless@wispa.org
 Subject: Re: [WISPA] DMCA - copyright infringement

 What are you guys doing who have some/all of your network nat'ed? Seems
 like then more of the burden might fall on you.

 GReg

 On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:

 To me the question is how much work should I invest in order to
 protect their copyright interest. It makes sense to me that since
 they have no way of knowing the identity of the customer and all they
 really have is an ip address. That the ISP would have to connect the
 copyright owner to the customer. Billing them for the research work
 sounds like good idea to me. That way I am not preventing them from
 contacting the perpetrating party, and I also get paid for my time.

 -Adam



 On Tue, Nov 10, 2009 at 9:24 AM, Robert West robert.w...@just-micro.com
 wrote:
 I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it
 along
 and forget it.  Not my job.

 Bob-


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Chuck Hogg
 Sent: Monday, November 09, 2009 12:41 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Notify customer, give a warning, make not on account, disregard studio
 letter.  Wait for subpoena before giving the studios any information.

 Regards,
 Chuck Hogg
 Shelby Broadband
 502-722-9292
 ch...@shelbybb.com
 http://www.shelbybb.com


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Monday, November 09, 2009 12:12 PM
 To: WISPA General List
 Subject: [WISPA] DMCA - copyright infringement

 We have received an email from our provider with a complaint from
 Twentieth Century FOX Film Corporation about a download movie from
 BitTorrent.

 They demand we notify the customer and make sure the customer is aware
 of our AUP. Has anyone received a notice like this and how did you
 handle the case. Are you following DMCA protocol, or taking another
 path?

 Thank you,
 Adam



 
 
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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Josh Luthman
Are you asking if it is our job to follow the tax law?

Josh Luthman
Office: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373

The secret to creativity is knowing how to hide your sources.
--- Albert Einstein


On Tue, Nov 10, 2009 at 3:01 PM, Adam Goodman a...@wispring.com wrote:

 Sounds like a lot of work. I think the question should be - Is it
 really your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
 jrichard...@aircloud.com wrote:
  So if you are running a NAT/DHCP network, how would you find the
 offending customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP for
 the server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the network to
 find the BT server IP. Match the connection to the MAC and there you go.
 
  Maybe there is an easier way.
 
 
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Nick Olsen
  Sent: Tuesday, November 10, 2009 8:11 AM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Really to cover yourself you would need to know what customer it came
 from,
  When NAT'ing that's hard to do. So yeah, I would agree you the ISP could
  become the sole person responsible for that unless you can point fingers
 at
  a customer.
 
  Nick Olsen
  Brevard Wireless
  (321) 205-1100 x106
 
 
  
 
  From: os10ru...@gmail.com os10ru...@gmail.com
  Sent: Tuesday, November 10, 2009 11:03 AM
  To: WISPA General List wireless@wispa.org
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  What are you guys doing who have some/all of your network nat'ed? Seems
  like then more of the burden might fall on you.
 
  GReg
 
  On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:
 
  To me the question is how much work should I invest in order to
  protect their copyright interest. It makes sense to me that since
  they have no way of knowing the identity of the customer and all they
  really have is an ip address. That the ISP would have to connect the
  copyright owner to the customer. Billing them for the research work
  sounds like good idea to me. That way I am not preventing them from
  contacting the perpetrating party, and I also get paid for my time.
 
  -Adam
 
 
 
  On Tue, Nov 10, 2009 at 9:24 AM, Robert West 
 robert.w...@just-micro.com
  wrote:
  I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass it
  along
  and forget it.  Not my job.
 
  Bob-
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
 On
  Behalf Of Chuck Hogg
  Sent: Monday, November 09, 2009 12:41 PM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Notify customer, give a warning, make not on account, disregard studio
  letter.  Wait for subpoena before giving the studios any information.
 
  Regards,
  Chuck Hogg
  Shelby Broadband
  502-722-9292
  ch...@shelbybb.com
  http://www.shelbybb.com
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
 On
  Behalf Of Adam Goodman
  Sent: Monday, November 09, 2009 12:12 PM
  To: WISPA General List
  Subject: [WISPA] DMCA - copyright infringement
 
  We have received an email from our provider with a complaint from
  Twentieth Century FOX Film Corporation about a download movie from
  BitTorrent.
 
  They demand we notify the customer and make sure the customer is aware
  of our AUP. Has anyone received a notice like this and how did you
  handle the case. Are you following DMCA protocol, or taking another
  path?
 
  Thank you,
  Adam
 
 
 
  
  
  WISPA Wants You! Join today!
  http://signup.wispa.org/
 
  
  
 
  WISPA Wireless List: wireless@wispa.org
 
  Subscribe/Unsubscribe:
  http://lists.wispa.org/mailman/listinfo/wireless
 
  Archives: http://lists.wispa.org/pipermail/wireless/
 
 
 
 
 
 
  
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  Subscribe/Unsubscribe:
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  Archives: http://lists.wispa.org/pipermail/wireless/
 
 
 
 
 
 
  
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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Faisal Imtiaz
This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service provider)
supposed to keep our detail records of subscibers and usage logs

.We keep logs by using a centralied Syslog server, where we log access,
based on time stamp records, we can go back and see who was using what IP
address at what point in time...

 


Faisal Imtiaz
Computer Office Solutions Inc. /SnappyDSL.net
Ph: (305) 663-5518 x 232
-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Adam Goodman
Sent: Tuesday, November 10, 2009 3:01 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

Sounds like a lot of work. I think the question should be - Is it really
your (our) job to protect those crappies revenue stream?


On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
jrichard...@aircloud.com wrote:
 So if you are running a NAT/DHCP network, how would you find the offending
customer? We are running static/public so we don't run into this.

 I think the simplest way is to require the studio to provide the IP for
the server delivering copyrighted information.

 The ISP has to be tracking CPE MACs.

 Use MT's torch or Wireshark to look at connections across the network to
find the BT server IP. Match the connection to the MAC and there you go.

 Maybe there is an easier way.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] 
 On Behalf Of Nick Olsen
 Sent: Tuesday, November 10, 2009 8:11 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Really to cover yourself you would need to know what customer it came 
 from, When NAT'ing that's hard to do. So yeah, I would agree you the 
 ISP could become the sole person responsible for that unless you can 
 point fingers at a customer.

 Nick Olsen
 Brevard Wireless
 (321) 205-1100 x106


 

 From: os10ru...@gmail.com os10ru...@gmail.com
 Sent: Tuesday, November 10, 2009 11:03 AM
 To: WISPA General List wireless@wispa.org
 Subject: Re: [WISPA] DMCA - copyright infringement

 What are you guys doing who have some/all of your network nat'ed? 
 Seems like then more of the burden might fall on you.

 GReg

 On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:

 To me the question is how much work should I invest in order to 
 protect their copyright interest. It makes sense to me that since 
 they have no way of knowing the identity of the customer and all they 
 really have is an ip address. That the ISP would have to connect the 
 copyright owner to the customer. Billing them for the research work 
 sounds like good idea to me. That way I am not preventing them from 
 contacting the perpetrating party, and I also get paid for my time.

 -Adam



 On Tue, Nov 10, 2009 at 9:24 AM, Robert West 
 robert.w...@just-micro.com
 wrote:
 I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass 
 it
 along
 and forget it.  Not my job.

 Bob-


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] 
 On Behalf Of Chuck Hogg
 Sent: Monday, November 09, 2009 12:41 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Notify customer, give a warning, make not on account, disregard 
 studio letter.  Wait for subpoena before giving the studios any
information.

 Regards,
 Chuck Hogg
 Shelby Broadband
 502-722-9292
 ch...@shelbybb.com
 http://www.shelbybb.com


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] 
 On Behalf Of Adam Goodman
 Sent: Monday, November 09, 2009 12:12 PM
 To: WISPA General List
 Subject: [WISPA] DMCA - copyright infringement

 We have received an email from our provider with a complaint from 
 Twentieth Century FOX Film Corporation about a download movie from 
 BitTorrent.

 They demand we notify the customer and make sure the customer is 
 aware of our AUP. Has anyone received a notice like this and how did 
 you handle the case. Are you following DMCA protocol, or taking 
 another path?

 Thank you,
 Adam



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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Jerry Richardson
no it's not.

but a subpoena means drop everything and do it now. I'd rather be  
prepared to comply

Sent from my iPhone

On Nov 10, 2009, at 12:01 PM, Adam Goodman a...@wispring.com wrote:

 Sounds like a lot of work. I think the question should be - Is it
 really your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
 jrichard...@aircloud.com wrote:
 So if you are running a NAT/DHCP network, how would you find the  
 offending customer? We are running static/public so we don't run  
 into this.

 I think the simplest way is to require the studio to provide the IP  
 for the server delivering copyrighted information.

 The ISP has to be tracking CPE MACs.

 Use MT's torch or Wireshark to look at connections across the  
 network to find the BT server IP. Match the connection to the MAC  
 and there you go.

 Maybe there is an easier way.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless- 
 boun...@wispa.org] On Behalf Of Nick Olsen
 Sent: Tuesday, November 10, 2009 8:11 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Really to cover yourself you would need to know what customer it  
 came from,
 When NAT'ing that's hard to do. So yeah, I would agree you the ISP  
 could
 become the sole person responsible for that unless you can point  
 fingers at
 a customer.

 Nick Olsen
 Brevard Wireless
 (321) 205-1100 x106


 

 From: os10ru...@gmail.com os10ru...@gmail.com
 Sent: Tuesday, November 10, 2009 11:03 AM
 To: WISPA General List wireless@wispa.org
 Subject: Re: [WISPA] DMCA - copyright infringement

 What are you guys doing who have some/all of your network nat'ed?  
 Seems
 like then more of the burden might fall on you.

 GReg

 On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:

 To me the question is how much work should I invest in order to
 protect their copyright interest. It makes sense to me that since
 they have no way of knowing the identity of the customer and all  
 they
 really have is an ip address. That the ISP would have to connect the
 copyright owner to the customer. Billing them for the research work
 sounds like good idea to me. That way I am not preventing them from
 contacting the perpetrating party, and I also get paid for my time.

 -Adam



 On Tue, Nov 10, 2009 at 9:24 AM, Robert West robert.w...@just-micro.com 
 
 wrote:
 I agree.  I'm not the sheriff, I'm just the messenger boy.  I  
 pass it
 along
 and forget it.  Not my job.

 Bob-


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless- 
 boun...@wispa.org] On
 Behalf Of Chuck Hogg
 Sent: Monday, November 09, 2009 12:41 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Notify customer, give a warning, make not on account, disregard  
 studio
 letter.  Wait for subpoena before giving the studios any  
 information.

 Regards,
 Chuck Hogg
 Shelby Broadband
 502-722-9292
 ch...@shelbybb.com
 http://www.shelbybb.com


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless- 
 boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Monday, November 09, 2009 12:12 PM
 To: WISPA General List
 Subject: [WISPA] DMCA - copyright infringement

 We have received an email from our provider with a complaint from
 Twentieth Century FOX Film Corporation about a download movie  
 from
 BitTorrent.

 They demand we notify the customer and make sure the customer is  
 aware
 of our AUP. Has anyone received a notice like this and how did you
 handle the case. Are you following DMCA protocol, or taking another
 path?

 Thank you,
 Adam



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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Clint Ricker
CALEA does require that you be able to identify subscribers by IP address
and, as necessary take captures.  So, once this data is collected for CALEA
compliance purposes (as is mandatory), then it can be used in other legal
proceedings.

However, I don't see how a service provider has to provide CALEA information
unless requested by a law enforcement agency, which would require a criminal
prosecution (to be accessed by the CALEA provisions which circumvent some of
the normal due process for these requests) or a subpoena in an ongoing
lawsuit.

Still, all that said, I find it a complete breach of trust for a service
provider to forward that information onto a third party outside of a
subpoena or a CALEA request.  This is true in cases of copyright
enforcement, which is usually more of a civil dispute between two parties
than a criminal matter.  This breach of privacy could also be abused in
other ways: it's not hard to imagine a spoofed copyright violation notice
being sent by a child predator or an offended chatroom user who fishes for
identification information for purposes of revenge or abuse.

-Clint

On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service provider)
 supposed to keep our detail records of subscibers and usage logs

 .We keep logs by using a centralied Syslog server, where we log access,
 based on time stamp records, we can go back and see who was using what IP
 address at what point in time...




 Faisal Imtiaz
 Computer Office Solutions Inc. /SnappyDSL.net
 Ph: (305) 663-5518 x 232
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Tuesday, November 10, 2009 3:01 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Sounds like a lot of work. I think the question should be - Is it really
 your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
 jrichard...@aircloud.com wrote:
  So if you are running a NAT/DHCP network, how would you find the
 offending
 customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP for
 the server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the network to
 find the BT server IP. Match the connection to the MAC and there you go.
 
  Maybe there is an easier way.
 
 
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
  On Behalf Of Nick Olsen
  Sent: Tuesday, November 10, 2009 8:11 AM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Really to cover yourself you would need to know what customer it came
  from, When NAT'ing that's hard to do. So yeah, I would agree you the
  ISP could become the sole person responsible for that unless you can
  point fingers at a customer.
 
  Nick Olsen
  Brevard Wireless
  (321) 205-1100 x106
 
 
  
 
  From: os10ru...@gmail.com os10ru...@gmail.com
  Sent: Tuesday, November 10, 2009 11:03 AM
  To: WISPA General List wireless@wispa.org
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  What are you guys doing who have some/all of your network nat'ed?
  Seems like then more of the burden might fall on you.
 
  GReg
 
  On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:
 
  To me the question is how much work should I invest in order to
  protect their copyright interest. It makes sense to me that since
  they have no way of knowing the identity of the customer and all they
  really have is an ip address. That the ISP would have to connect the
  copyright owner to the customer. Billing them for the research work
  sounds like good idea to me. That way I am not preventing them from
  contacting the perpetrating party, and I also get paid for my time.
 
  -Adam
 
 
 
  On Tue, Nov 10, 2009 at 9:24 AM, Robert West
  robert.w...@just-micro.com
  wrote:
  I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass
  it
  along
  and forget it.  Not my job.
 
  Bob-
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
  On Behalf Of Chuck Hogg
  Sent: Monday, November 09, 2009 12:41 PM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Notify customer, give a warning, make not on account, disregard
  studio letter.  Wait for subpoena before giving the studios any
 information.
 
  Regards,
  Chuck Hogg
  Shelby Broadband
  502-722-9292
  ch...@shelbybb.com
  http://www.shelbybb.com
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
  On Behalf Of Adam Goodman
  Sent: Monday, November 09, 2009 12:12 PM
  

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Data Technology
Do we have to do the logging or just give them a port to connect their 
magic box into so they can record everything?

LaRoy McCann
Data Technology

Jerry Richardson wrote:
 no it's not.

 but a subpoena means drop everything and do it now. I'd rather be  
 prepared to comply

 Sent from my iPhone

 On Nov 10, 2009, at 12:01 PM, Adam Goodman a...@wispring.com wrote:

   
 Sounds like a lot of work. I think the question should be - Is it
 really your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
 jrichard...@aircloud.com wrote:
 
 So if you are running a NAT/DHCP network, how would you find the  
 offending customer? We are running static/public so we don't run  
 into this.

 I think the simplest way is to require the studio to provide the IP  
 for the server delivering copyrighted information.

 The ISP has to be tracking CPE MACs.

 Use MT's torch or Wireshark to look at connections across the  
 network to find the BT server IP. Match the connection to the MAC  
 and there you go.

 Maybe there is an easier way.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless- 
 boun...@wispa.org] On Behalf Of Nick Olsen
 Sent: Tuesday, November 10, 2009 8:11 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Really to cover yourself you would need to know what customer it  
 came from,
 When NAT'ing that's hard to do. So yeah, I would agree you the ISP  
 could
 become the sole person responsible for that unless you can point  
 fingers at
 a customer.

 Nick Olsen
 Brevard Wireless
 (321) 205-1100 x106


 

 From: os10ru...@gmail.com os10ru...@gmail.com
 Sent: Tuesday, November 10, 2009 11:03 AM
 To: WISPA General List wireless@wispa.org
 Subject: Re: [WISPA] DMCA - copyright infringement

 What are you guys doing who have some/all of your network nat'ed?  
 Seems
 like then more of the burden might fall on you.

 GReg

 On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:

   
 To me the question is how much work should I invest in order to
 protect their copyright interest. It makes sense to me that since
 they have no way of knowing the identity of the customer and all  
 they
 really have is an ip address. That the ISP would have to connect the
 copyright owner to the customer. Billing them for the research work
 sounds like good idea to me. That way I am not preventing them from
 contacting the perpetrating party, and I also get paid for my time.

 -Adam



 On Tue, Nov 10, 2009 at 9:24 AM, Robert West robert.w...@just-micro.com 
 
 wrote:
   
 I agree.  I'm not the sheriff, I'm just the messenger boy.  I  
 pass it
   
 along
   
 and forget it.  Not my job.

 Bob-


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless- 
 boun...@wispa.org] On
 Behalf Of Chuck Hogg
 Sent: Monday, November 09, 2009 12:41 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Notify customer, give a warning, make not on account, disregard  
 studio
 letter.  Wait for subpoena before giving the studios any  
 information.

 Regards,
 Chuck Hogg
 Shelby Broadband
 502-722-9292
 ch...@shelbybb.com
 http://www.shelbybb.com


 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless- 
 boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Monday, November 09, 2009 12:12 PM
 To: WISPA General List
 Subject: [WISPA] DMCA - copyright infringement

 We have received an email from our provider with a complaint from
 Twentieth Century FOX Film Corporation about a download movie  
 from
 BitTorrent.

 They demand we notify the customer and make sure the customer is  
 aware
 of our AUP. Has anyone received a notice like this and how did you
 handle the case. Are you following DMCA protocol, or taking another
 path?

 Thank you,
 Adam



   
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Re: [WISPA] customers dogs chewing on CAT5

2009-11-10 Thread Marlon K. Schafer
We've had dogs pull the cable right off the side of the building.
marlon

- Original Message - 
From: Tom DeReggi wirelessn...@rapiddsl.net
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 9:34 AM
Subject: Re: [WISPA] customers dogs chewing on CAT5


 OR one can just do a professional install job, and not have loose
 cables, and properly stable/fasten all cables flush to surfaces every 
 three
 feet, and run behind walls, and under trims, etc.   Dogs have never been a
 threat to my installs. Sure a Dog might chew a 6ft Patch Cable, but thats 
 an
 easy fix, and easilly verified by end user.  Now on the other hand a Weed
 Eater? We've had a few cut by lawn care, when the weeds grew up to the 
 trim
 edge, cause they dont even know the cable is there, and accidentally get 
 it.

 Tom DeReggi
 RapidDSL  Wireless, Inc
 IntAirNet- Fixed Wireless Broadband


 - Original Message - 
 From: Chuck Bartosch ch...@clarityconnect.com
 To: WISPA General List wireless@wispa.org
 Sent: Monday, November 09, 2009 9:17 PM
 Subject: Re: [WISPA] customers dogs chewing on CAT5


 Feed and Grain stores sell bitters, but I find that any determined dog
 will ignore the bitters and chew away.

 In fact, just this morning I coincidentally happened to have some
 bitters (gf bought it a while back) and thought oh what the hell and
 sprayed it on something a dog was chewing on. The dog went right back
 to it, licked it, shook his head, licked his chops, and licked the
 wood again. Kept doing this, whining at times, until it was all
 clean and he could chew again ;-).

 However, I *have* found that Habanero Tabasco Hot Sauce works 100% of
 the time. That's like 10,000 times hotter than normal jalapeno hot
 sauce and they do not like and do not go back for a second lick.

 Chuck

 On Nov 9, 2009, at 10:18 AM, Greg wrote:

 Your local feed and grain or pet store should have aerosol dog
 repellent.

 Greg

 On Mon, Nov 9, 2009 at 10:43 AM, Kurt Fankhauser k...@wavelinc.com
 wrote:

 I've had several customers that have had their dog chew on the Cat5
 going
 from the house to the TV tower and some of them multiple times.



 Anyone have ideas on how to keep the dog from chewing on the wire?
 I've got
 one customer on their 3rd Cat5 run and going out right now to
 replace a
 different customer that will be his 3rd one as well.



 I'm about ready to shoot the stinking dog..



 Kurt Fankhauser
 WAVELINC
 P.O. Box 126
 Bucyrus, OH 44820
 419-562-6405
 www.wavelinc.com










 
 WISPA Wants You! Join today!
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 --
 Chuck Bartosch
 Clarity Connect, Inc.
 200 Pleasant Grove Road
 Ithaca, NY 14850
 (607) 257-8268

 When the stars threw down their spears,
 and water'd heaven with their tears,
 Did He smile, His work to see?
 Did He who made the Lamb make thee?

 From William Blake's Tiger!, Tiger!





 
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Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Jerry Richardson
This information will help clarify (or confuse further)

http://www.wispa.org/calea/WCS/



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Clint Ricker
Sent: Tuesday, November 10, 2009 1:07 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

CALEA does require that you be able to identify subscribers by IP address
and, as necessary take captures.  So, once this data is collected for CALEA
compliance purposes (as is mandatory), then it can be used in other legal
proceedings.

However, I don't see how a service provider has to provide CALEA information
unless requested by a law enforcement agency, which would require a criminal
prosecution (to be accessed by the CALEA provisions which circumvent some of
the normal due process for these requests) or a subpoena in an ongoing
lawsuit.

Still, all that said, I find it a complete breach of trust for a service
provider to forward that information onto a third party outside of a
subpoena or a CALEA request.  This is true in cases of copyright
enforcement, which is usually more of a civil dispute between two parties
than a criminal matter.  This breach of privacy could also be abused in
other ways: it's not hard to imagine a spoofed copyright violation notice
being sent by a child predator or an offended chatroom user who fishes for
identification information for purposes of revenge or abuse.

-Clint

On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service provider)
 supposed to keep our detail records of subscibers and usage logs

 .We keep logs by using a centralied Syslog server, where we log access,
 based on time stamp records, we can go back and see who was using what IP
 address at what point in time...




 Faisal Imtiaz
 Computer Office Solutions Inc. /SnappyDSL.net
 Ph: (305) 663-5518 x 232
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Tuesday, November 10, 2009 3:01 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Sounds like a lot of work. I think the question should be - Is it really
 your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
 jrichard...@aircloud.com wrote:
  So if you are running a NAT/DHCP network, how would you find the
 offending
 customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP for
 the server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the network to
 find the BT server IP. Match the connection to the MAC and there you go.
 
  Maybe there is an easier way.
 
 
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
  On Behalf Of Nick Olsen
  Sent: Tuesday, November 10, 2009 8:11 AM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Really to cover yourself you would need to know what customer it came
  from, When NAT'ing that's hard to do. So yeah, I would agree you the
  ISP could become the sole person responsible for that unless you can
  point fingers at a customer.
 
  Nick Olsen
  Brevard Wireless
  (321) 205-1100 x106
 
 
  
 
  From: os10ru...@gmail.com os10ru...@gmail.com
  Sent: Tuesday, November 10, 2009 11:03 AM
  To: WISPA General List wireless@wispa.org
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  What are you guys doing who have some/all of your network nat'ed?
  Seems like then more of the burden might fall on you.
 
  GReg
 
  On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:
 
  To me the question is how much work should I invest in order to
  protect their copyright interest. It makes sense to me that since
  they have no way of knowing the identity of the customer and all they
  really have is an ip address. That the ISP would have to connect the
  copyright owner to the customer. Billing them for the research work
  sounds like good idea to me. That way I am not preventing them from
  contacting the perpetrating party, and I also get paid for my time.
 
  -Adam
 
 
 
  On Tue, Nov 10, 2009 at 9:24 AM, Robert West
  robert.w...@just-micro.com
  wrote:
  I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass
  it
  along
  and forget it.  Not my job.
 
  Bob-
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
  On Behalf Of Chuck Hogg
  Sent: Monday, November 09, 2009 12:41 PM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Notify customer, give a warning, make not on account, disregard
  studio letter.  Wait for 

Re: [WISPA] IPTV -- Anyone doing it?

2009-11-10 Thread Blake Covarrubias
We're operate a small cable TV company in a minor section of our service area 
and carry about 55 channels which includes most of the major networks.

We're interested in deploying IPTV. What middleware software would you 
recommend? You mentioned you used Linux in your headend environment. Can you 
elaborate on that setup, such as the software you were using to convert the 
channels to IP Multicast, set-top boxes being used, software providing channel 
guides, etc etc?

Thanks.

--
Blake Covarrubias

On Nov 9, 2009, at 9:25 AM, Jayson Baker wrote:

 Building the headend isn't that difficult, you're right.
 
 Ours was actually pretty simple.  We used multi-channel satellite receivers;
 each tuned 32 channels I think.  It had an ASI output.
 
 We'd take the ASI stream, and run it into an ASI-input PCI card.  Each card
 took 4 ASI streams, and was about $1000 each.
 
 Linux software on the server pulled each channel out of the ASI and
 converted it to MPEG 4.  Cheap, easy, simple.
 
 They'd put out a multicast stream, which our network took and pushed out the
 fiber ring.  We even had it going down some wireless links, so I could get
 it at my house 20 miles away.
 
 The money in the headend comes in when you by the middleware -- this you
 cannot just roll your own  Middleware handles billing, authentication,
 licenses, guide, etc.
 
 
 Making deals with companies to rebroadcast their channels is going to be
 another major hurdle.  Unless you are big (i.e. have $$$) don't think you'll
 be carrying anything in the Disney/ESPN/ABC family.  And forget about HBO.
 You'll need a fancy (i.e. $$$) lawyer who has been down this road before to
 negotiate these deals.  When we set ours up, we hired a lawyer away from
 Comcast.  After everything was in place, he went on to other things.
 
 
 Echostar has an IPTV solution, you may want to look into that.  AFAIK, you
 pay them for everything, and they handle it all.  Their feed, their headend,
 their encoders, their middleware, their STB's.  One nice thing about that is
 it's the same DISH Network interface a lot of satellite users are already
 used to.
 
 
 On Mon, Nov 9, 2009 at 9:16 AM, jree...@18-30chat.net jree...@18-30chat.net
 wrote:
 
 Thats the problem, if I had 50K sitting around for gear, I would not be
 putting
 it into TV (well, maybe I would be, but more BW, more towers, faster
 clients,
 etc come to mind sooner).
 
 I can build a head end for far far less then that, If I stuck to the free
 channels or made my won deals with each channel. There are 1000's (well,
 close)
 of free to air channels out there. Some even give explicit permission to
 rebroadcast the channel, as long as you notify them etc. I was hoping to
 find a
 place that would let me purchase channels X, Y, and Z, etc. The locals are
 easy
 enough to deal with. So, Looks like I will need to do my own head end, no
 biggie
 over all. Who do I talk to about licensing? I knwo some channels are
 direct,
 some are not. Is there a list? And, can a person who already has a license
 sub-license to me? Like MDU style? I know Charter does that, if you have
 enough
 people (IE I suspect enough money) If I could sublet off of a existing
 licensee
 and do my own IP transport, that would work out pretty well. Anyone have a
 license contract they can share? (most seam to have some NDA stuffs)
 
 can...@believewireless.net wrote:
 When we looked into Avail Media, it was a $500,000 investment to start
 if I remember correctly.  (Headend, set top boxes, etc.)
 
 On Mon, Nov 9, 2009 at 10:06 AM, Jayson Baker jay...@spectrasurf.com
 wrote:
 Have a look at Avail Media.  We used them in the past for an FTTH
 project I
 was involved in.
 They will provide you the headend, and satellite feeds from their
 super-headend (aggregator).
 They work with the networks and it makes licensing and such a little
 easier.
 
 On Mon, Nov 9, 2009 at 7:44 AM, jree...@18-30chat.net 
 jree...@18-30chat.net
 wrote:
 I have been looking at some IPTV options and basically, there does not
 seam
 to
 be a whole lot of options. I can A) build my own IP headend B) nada .
 I
 can not
 find a single IPTV provider that truly caters to the resident, soho,
 etc.
 There
 is one that does so for huge cable op's but thats not where I am at,
 yet =)
 
 I can build my own head end no problem. Licensing is the primary issues
 there. I
 am guessing that is what is stopping the explosion of retail IPTV and
 instead
 pushing the more a la carte IP video streamers like NetFlix, HuLu, et
 al.
 
 So, what options exist for IPTV ?
 
 
 
 
 
 WISPA Wants You! Join today!
 http://signup.wispa.org/
 
 
 
 
 WISPA Wireless List: wireless@wispa.org
 
 Subscribe/Unsubscribe:
 http://lists.wispa.org/mailman/listinfo/wireless
 
 Archives: http://lists.wispa.org/pipermail/wireless/
 
 
 
 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Faisal Imtiaz
The point I was making is that

Based on CALEA requirements, each ISP is supposed to keep records of useage
and access, and should be available via easy access (not a few hrs of
research).

Disclosing the End user info to DMCA  That is not what we do and not in
favor off either, but using the logs to identify which customer is the
ofender and having them stop is what we do actively do. 


Faisal Imtiaz
Computer Office Solutions Inc. /SnappyDSL.net
Ph: (305) 663-5518 x 232
-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Jerry Richardson
Sent: Tuesday, November 10, 2009 8:13 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

This information will help clarify (or confuse further)

http://www.wispa.org/calea/WCS/



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Clint Ricker
Sent: Tuesday, November 10, 2009 1:07 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

CALEA does require that you be able to identify subscribers by IP address
and, as necessary take captures.  So, once this data is collected for CALEA
compliance purposes (as is mandatory), then it can be used in other legal
proceedings.

However, I don't see how a service provider has to provide CALEA information
unless requested by a law enforcement agency, which would require a criminal
prosecution (to be accessed by the CALEA provisions which circumvent some of
the normal due process for these requests) or a subpoena in an ongoing
lawsuit.

Still, all that said, I find it a complete breach of trust for a service
provider to forward that information onto a third party outside of a
subpoena or a CALEA request.  This is true in cases of copyright
enforcement, which is usually more of a civil dispute between two parties
than a criminal matter.  This breach of privacy could also be abused in
other ways: it's not hard to imagine a spoofed copyright violation notice
being sent by a child predator or an offended chatroom user who fishes for
identification information for purposes of revenge or abuse.

-Clint

On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service provider) 
 supposed to keep our detail records of subscibers and usage logs

 .We keep logs by using a centralied Syslog server, where we log 
 access, based on time stamp records, we can go back and see who was 
 using what IP address at what point in time...




 Faisal Imtiaz
 Computer Office Solutions Inc. /SnappyDSL.net
 Ph: (305) 663-5518 x 232
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] 
 On Behalf Of Adam Goodman
 Sent: Tuesday, November 10, 2009 3:01 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Sounds like a lot of work. I think the question should be - Is it 
 really your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson 
 jrichard...@aircloud.com wrote:
  So if you are running a NAT/DHCP network, how would you find the
 offending
 customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP 
  for
 the server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the 
  network to
 find the BT server IP. Match the connection to the MAC and there you go.
 
  Maybe there is an easier way.
 
 
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
  On Behalf Of Nick Olsen
  Sent: Tuesday, November 10, 2009 8:11 AM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Really to cover yourself you would need to know what customer it 
  came from, When NAT'ing that's hard to do. So yeah, I would agree 
  you the ISP could become the sole person responsible for that unless 
  you can point fingers at a customer.
 
  Nick Olsen
  Brevard Wireless
  (321) 205-1100 x106
 
 
  
 
  From: os10ru...@gmail.com os10ru...@gmail.com
  Sent: Tuesday, November 10, 2009 11:03 AM
  To: WISPA General List wireless@wispa.org
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  What are you guys doing who have some/all of your network nat'ed?
  Seems like then more of the burden might fall on you.
 
  GReg
 
  On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:
 
  To me the question is how much work should I invest in order to 
  protect their copyright interest. It makes sense to me that since 
  they have no way of knowing the identity of the customer and all 
  they really have is an ip address. That the ISP would have to 
  connect the copyright owner to the customer. 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Marlon K. Schafer
You do NOT have to be able to identify the user by IP.  What you have to be 
able to do is forward (in real time) all traffic to LEA.

Butch Evens helped write our standard:
http://www.wispa.org/calea/WCS/index.html
he'll be able to give you much more accurate info on the specifics than I 
can.

laters,
marlon

- Original Message - 
From: Clint Ricker cric...@kentnis.com
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 1:07 PM
Subject: Re: [WISPA] DMCA - copyright infringement


 CALEA does require that you be able to identify subscribers by IP address
 and, as necessary take captures.  So, once this data is collected for 
 CALEA
 compliance purposes (as is mandatory), then it can be used in other legal
 proceedings.

 However, I don't see how a service provider has to provide CALEA 
 information
 unless requested by a law enforcement agency, which would require a 
 criminal
 prosecution (to be accessed by the CALEA provisions which circumvent some 
 of
 the normal due process for these requests) or a subpoena in an ongoing
 lawsuit.

 Still, all that said, I find it a complete breach of trust for a service
 provider to forward that information onto a third party outside of a
 subpoena or a CALEA request.  This is true in cases of copyright
 enforcement, which is usually more of a civil dispute between two parties
 than a criminal matter.  This breach of privacy could also be abused in
 other ways: it's not hard to imagine a spoofed copyright violation notice
 being sent by a child predator or an offended chatroom user who fishes for
 identification information for purposes of revenge or abuse.

 -Clint

 On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net 
 wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service provider)
 supposed to keep our detail records of subscibers and usage logs

 .We keep logs by using a centralied Syslog server, where we log 
 access,
 based on time stamp records, we can go back and see who was using what IP
 address at what point in time...




 Faisal Imtiaz
 Computer Office Solutions Inc. /SnappyDSL.net
 Ph: (305) 663-5518 x 232
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Tuesday, November 10, 2009 3:01 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Sounds like a lot of work. I think the question should be - Is it really
 your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
 jrichard...@aircloud.com wrote:
  So if you are running a NAT/DHCP network, how would you find the
 offending
 customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP for
 the server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the network 
  to
 find the BT server IP. Match the connection to the MAC and there you go.
 
  Maybe there is an easier way.
 
 
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
  On Behalf Of Nick Olsen
  Sent: Tuesday, November 10, 2009 8:11 AM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Really to cover yourself you would need to know what customer it came
  from, When NAT'ing that's hard to do. So yeah, I would agree you the
  ISP could become the sole person responsible for that unless you can
  point fingers at a customer.
 
  Nick Olsen
  Brevard Wireless
  (321) 205-1100 x106
 
 
  
 
  From: os10ru...@gmail.com os10ru...@gmail.com
  Sent: Tuesday, November 10, 2009 11:03 AM
  To: WISPA General List wireless@wispa.org
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  What are you guys doing who have some/all of your network nat'ed?
  Seems like then more of the burden might fall on you.
 
  GReg
 
  On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:
 
  To me the question is how much work should I invest in order to
  protect their copyright interest. It makes sense to me that since
  they have no way of knowing the identity of the customer and all they
  really have is an ip address. That the ISP would have to connect the
  copyright owner to the customer. Billing them for the research work
  sounds like good idea to me. That way I am not preventing them from
  contacting the perpetrating party, and I also get paid for my time.
 
  -Adam
 
 
 
  On Tue, Nov 10, 2009 at 9:24 AM, Robert West
  robert.w...@just-micro.com
  wrote:
  I agree.  I'm not the sheriff, I'm just the messenger boy.  I pass
  it
  along
  and forget it.  Not my job.
 
  Bob-
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
  On Behalf Of Chuck Hogg
  

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Marlon K. Schafer
You have to follow network designs that allow for CALEA intercepts if need 
be.  If you've not looked at the WISPA standard I'd suggest you do so now. 
It'll be a lot easier to comply if the network is designed for LEA interface 
ahead of time.

http://www.wispa.org/calea/WCS/index.html

marlon

- Original Message - 
From: Jerry Richardson jrichard...@aircloud.com
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 9:59 AM
Subject: Re: [WISPA] DMCA - copyright infringement


 OK so let's play out the scenario.

 Studio wants ISP send a letter to the customer
 ISP is NAT/DHCP - has no way to know
 Studio gets subpoena

 What now? At this point LEA is involved which demands cooperation.
 If the network is open WiFi, then there truly is no way to know.
 If the network is fixed installation, then the ISP could provide the 
 information.

 So assuming it's a fixed installation, the ISP sets up a server with 
 Wireshark or other packet capture and stores that data for1 day, 1 
 week, 1 month?

 At this point is the ISP breaking any privacy laws of customers that are 
 NOT named in the subpoena? Not if the customer's TOA indicated that their 
 Internet traffic MAY be stored and analyzed under legal request by LEA.


 Mind you this is all hypothetical. I'm just trying to understand the 
 potential impact and exposire on the part of the ISP.




 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On 
 Behalf Of Josh Luthman
 Sent: Tuesday, November 10, 2009 9:48 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 So what does the law require?

 It doesn't.

 Is this a case for why providing Internet services without a static 
 public
 IP exposed the ISP to legal suit?

 If the law changes and says each customer is required to have a public IP,
 then ISPs need to be provided as such.

 Keep in mind, too, that IPs are dynamic with most ISPs.  Don't forget that
 the I have an open WiFi don't blame me case still works.

 Josh Luthman
 Office: 937-552-2340
 Direct: 937-552-2343
 1100 Wayne St
 Suite 1337
 Troy, OH 45373

 The secret to creativity is knowing how to hide your sources.
 --- Albert Einstein


 On Tue, Nov 10, 2009 at 12:42 PM, Jerry Richardson 
 jrichard...@aircloud.com
 wrote:

 good point.

 So what does the law require?

 Is this a case for why providing Internet services without a static 
 public
 IP exposed the ISP to legal suit?



 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Josh Luthman
 Sent: Tuesday, November 10, 2009 9:31 AM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 That works for current infringements but what about those last night? 
 last
 week? last month?

 Josh Luthman
 Office: 937-552-2340
 Direct: 937-552-2343
 1100 Wayne St
 Suite 1337
 Troy, OH 45373

 The secret to creativity is knowing how to hide your sources.
 --- Albert Einstein


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson 
 jrichard...@aircloud.com
  wrote:

  So if you are running a NAT/DHCP network, how would you find the
 offending
  customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP for
 the
  server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the network 
  to
  find the BT server IP. Match the connection to the MAC and there you 
  go.
 
  Maybe there is an easier way.
 
 
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
  Behalf Of Nick Olsen
  Sent: Tuesday, November 10, 2009 8:11 AM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Really to cover yourself you would need to know what customer it came
 from,
  When NAT'ing that's hard to do. So yeah, I would agree you the ISP 
  could
  become the sole person responsible for that unless you can point 
  fingers
 at
  a customer.
 
  Nick Olsen
  Brevard Wireless
  (321) 205-1100 x106
 
 
  
 
  From: os10ru...@gmail.com os10ru...@gmail.com
  Sent: Tuesday, November 10, 2009 11:03 AM
  To: WISPA General List wireless@wispa.org
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  What are you guys doing who have some/all of your network nat'ed? Seems
  like then more of the burden might fall on you.
 
  GReg
 
  On Nov 10, 2009, at 11:20 AM, Adam Goodman wrote:
 
   To me the question is how much work should I invest in order to
   protect their copyright interest. It makes sense to me that since
   they have no way of knowing the identity of the customer and all they
   really have is an ip address. That the ISP would have to connect the
   copyright owner to the customer. Billing them for the research work
   sounds like good idea to me. That 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Faisal Imtiaz
You have to be able to Identify the Customer, weather you do it via IP or
any other info is a monior Technicality. A lot of the Subpoena issued
via mail or fax are more 'in support' of whatever the case the appropriate
law enforcemnet agency is working on.

Next time you get a Subpoena  Feel free to ignore it or tell them you
cannot find the info.

If what they are working on is important enough or if you piss off the right
person, having a group of 4 or 5 agents showing up to your office, and
telling you nicely You can either find the information for us now, or
we can come back with a team of a dozen people and a court order, and find
the information  ourselves by taking everything apart  is very real and a
tremendous motivator.

If I had not seen them do this, I would have chalked it off to being a
'movie line'.

In Short, you can be a cowboy with an attituted with them, or you can
cooperate, the choice is yours, but the consequences can be very real.



Faisal Imtiaz
Computer Office Solutions Inc. /SnappyDSL.net
Ph: (305) 663-5518 x 232
-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Marlon K. Schafer
Sent: Tuesday, November 10, 2009 8:49 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

You do NOT have to be able to identify the user by IP.  What you have to be
able to do is forward (in real time) all traffic to LEA.

Butch Evens helped write our standard:
http://www.wispa.org/calea/WCS/index.html
he'll be able to give you much more accurate info on the specifics than I
can.

laters,
marlon

- Original Message -
From: Clint Ricker cric...@kentnis.com
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 1:07 PM
Subject: Re: [WISPA] DMCA - copyright infringement


 CALEA does require that you be able to identify subscribers by IP address
 and, as necessary take captures.  So, once this data is collected for 
 CALEA
 compliance purposes (as is mandatory), then it can be used in other legal
 proceedings.

 However, I don't see how a service provider has to provide CALEA 
 information
 unless requested by a law enforcement agency, which would require a 
 criminal
 prosecution (to be accessed by the CALEA provisions which circumvent some 
 of
 the normal due process for these requests) or a subpoena in an ongoing
 lawsuit.

 Still, all that said, I find it a complete breach of trust for a service
 provider to forward that information onto a third party outside of a
 subpoena or a CALEA request.  This is true in cases of copyright
 enforcement, which is usually more of a civil dispute between two parties
 than a criminal matter.  This breach of privacy could also be abused in
 other ways: it's not hard to imagine a spoofed copyright violation notice
 being sent by a child predator or an offended chatroom user who fishes for
 identification information for purposes of revenge or abuse.

 -Clint

 On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net 
 wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service provider)
 supposed to keep our detail records of subscibers and usage logs

 .We keep logs by using a centralied Syslog server, where we log 
 access,
 based on time stamp records, we can go back and see who was using what IP
 address at what point in time...




 Faisal Imtiaz
 Computer Office Solutions Inc. /SnappyDSL.net
 Ph: (305) 663-5518 x 232
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Tuesday, November 10, 2009 3:01 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Sounds like a lot of work. I think the question should be - Is it really
 your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
 jrichard...@aircloud.com wrote:
  So if you are running a NAT/DHCP network, how would you find the
 offending
 customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP for
 the server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the network 
  to
 find the BT server IP. Match the connection to the MAC and there you go.
 
  Maybe there is an easier way.
 
 
 
 
  -Original Message-
  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
  On Behalf Of Nick Olsen
  Sent: Tuesday, November 10, 2009 8:11 AM
  To: WISPA General List
  Subject: Re: [WISPA] DMCA - copyright infringement
 
  Really to cover yourself you would need to know what customer it came
  from, When NAT'ing that's hard to do. So yeah, I would agree you the
  ISP could become the sole person responsible for that unless you can
  point fingers at a customer.
 
  Nick 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Jonathan Schmidt
It's dumb.  You could have 100s of folks behind a NAT.

You can identify the account connection to your system but not the ID of
the computer.

It isn't well thought out.

. . . J o n a t h a n 

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Faisal Imtiaz
Sent: Tuesday, November 10, 2009 8:05 PM
To: 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

You have to be able to Identify the Customer, weather you do it via IP or
any other info is a monior Technicality. A lot of the Subpoena issued
via mail or fax are more 'in support' of whatever the case the appropriate
law enforcemnet agency is working on.

Next time you get a Subpoena  Feel free to ignore it or tell them you
cannot find the info.

If what they are working on is important enough or if you piss off the
right person, having a group of 4 or 5 agents showing up to your office,
and telling you nicely You can either find the information for us
now, or we can come back with a team of a dozen people and a court order,
and find the information  ourselves by taking everything apart  is very
real and a tremendous motivator.

If I had not seen them do this, I would have chalked it off to being a
'movie line'.

In Short, you can be a cowboy with an attituted with them, or you can
cooperate, the choice is yours, but the consequences can be very real.



Faisal Imtiaz
Computer Office Solutions Inc. /SnappyDSL.net
Ph: (305) 663-5518 x 232
-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Marlon K. Schafer
Sent: Tuesday, November 10, 2009 8:49 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

You do NOT have to be able to identify the user by IP.  What you have to
be able to do is forward (in real time) all traffic to LEA.

Butch Evens helped write our standard:
http://www.wispa.org/calea/WCS/index.html
he'll be able to give you much more accurate info on the specifics than I
can.

laters,
marlon

- Original Message -
From: Clint Ricker cric...@kentnis.com
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 1:07 PM
Subject: Re: [WISPA] DMCA - copyright infringement


 CALEA does require that you be able to identify subscribers by IP 
 address and, as necessary take captures.  So, once this data is 
 collected for CALEA compliance purposes (as is mandatory), then it can 
 be used in other legal proceedings.

 However, I don't see how a service provider has to provide CALEA 
 information unless requested by a law enforcement agency, which would 
 require a criminal prosecution (to be accessed by the CALEA provisions 
 which circumvent some of the normal due process for these requests) or 
 a subpoena in an ongoing lawsuit.

 Still, all that said, I find it a complete breach of trust for a 
 service provider to forward that information onto a third party 
 outside of a subpoena or a CALEA request.  This is true in cases of 
 copyright enforcement, which is usually more of a civil dispute 
 between two parties than a criminal matter.  This breach of privacy 
 could also be abused in other ways: it's not hard to imagine a spoofed 
 copyright violation notice being sent by a child predator or an 
 offended chatroom user who fishes for identification information for
purposes of revenge or abuse.

 -Clint

 On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net
 wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service 
 provider) supposed to keep our detail records of subscibers and usage
logs

 .We keep logs by using a centralied Syslog server, where we log 
 access, based on time stamp records, we can go back and see who was 
 using what IP address at what point in time...




 Faisal Imtiaz
 Computer Office Solutions Inc. /SnappyDSL.net
 Ph: (305) 663-5518 x 232
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] 
 On Behalf Of Adam Goodman
 Sent: Tuesday, November 10, 2009 3:01 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Sounds like a lot of work. I think the question should be - Is it 
 really your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson 
 jrichard...@aircloud.com wrote:
  So if you are running a NAT/DHCP network, how would you find the
 offending
 customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP 
  for
 the server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the 
  network to
 find the BT server IP. Match the connection to the MAC and there you
go.
 
  Maybe there is an easier way.
 
 
 
 
  -Original Message-
  From: 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Jerry Richardson
That's the point I was trying to make.

If you are going to run NAT/DHCP, then you need to track the MAC address of the 
CPE's.

If it's an open WiFi network, then all bets are off.

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Jonathan Schmidt
Sent: Tuesday, November 10, 2009 6:14 PM
To: fai...@snappydsl.net; 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

It's dumb.  You could have 100s of folks behind a NAT.

You can identify the account connection to your system but not the ID of
the computer.

It isn't well thought out.

. . . J o n a t h a n

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Faisal Imtiaz
Sent: Tuesday, November 10, 2009 8:05 PM
To: 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

You have to be able to Identify the Customer, weather you do it via IP or
any other info is a monior Technicality. A lot of the Subpoena issued
via mail or fax are more 'in support' of whatever the case the appropriate
law enforcemnet agency is working on.

Next time you get a Subpoena  Feel free to ignore it or tell them you
cannot find the info.

If what they are working on is important enough or if you piss off the
right person, having a group of 4 or 5 agents showing up to your office,
and telling you nicely You can either find the information for us
now, or we can come back with a team of a dozen people and a court order,
and find the information  ourselves by taking everything apart  is very
real and a tremendous motivator.

If I had not seen them do this, I would have chalked it off to being a
'movie line'.

In Short, you can be a cowboy with an attituted with them, or you can
cooperate, the choice is yours, but the consequences can be very real.



Faisal Imtiaz
Computer Office Solutions Inc. /SnappyDSL.net
Ph: (305) 663-5518 x 232
-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Marlon K. Schafer
Sent: Tuesday, November 10, 2009 8:49 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

You do NOT have to be able to identify the user by IP.  What you have to
be able to do is forward (in real time) all traffic to LEA.

Butch Evens helped write our standard:
http://www.wispa.org/calea/WCS/index.html
he'll be able to give you much more accurate info on the specifics than I
can.

laters,
marlon

- Original Message -
From: Clint Ricker cric...@kentnis.com
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 1:07 PM
Subject: Re: [WISPA] DMCA - copyright infringement


 CALEA does require that you be able to identify subscribers by IP
 address and, as necessary take captures.  So, once this data is
 collected for CALEA compliance purposes (as is mandatory), then it can
 be used in other legal proceedings.

 However, I don't see how a service provider has to provide CALEA
 information unless requested by a law enforcement agency, which would
 require a criminal prosecution (to be accessed by the CALEA provisions
 which circumvent some of the normal due process for these requests) or
 a subpoena in an ongoing lawsuit.

 Still, all that said, I find it a complete breach of trust for a
 service provider to forward that information onto a third party
 outside of a subpoena or a CALEA request.  This is true in cases of
 copyright enforcement, which is usually more of a civil dispute
 between two parties than a criminal matter.  This breach of privacy
 could also be abused in other ways: it's not hard to imagine a spoofed
 copyright violation notice being sent by a child predator or an
 offended chatroom user who fishes for identification information for
purposes of revenge or abuse.

 -Clint

 On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net
 wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service
 provider) supposed to keep our detail records of subscibers and usage
logs

 .We keep logs by using a centralied Syslog server, where we log
 access, based on time stamp records, we can go back and see who was
 using what IP address at what point in time...




 Faisal Imtiaz
 Computer Office Solutions Inc. /SnappyDSL.net
 Ph: (305) 663-5518 x 232
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
 On Behalf Of Adam Goodman
 Sent: Tuesday, November 10, 2009 3:01 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Sounds like a lot of work. I think the question should be - Is it
 really your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
 jrichard...@aircloud.com wrote:
  So if you are running a NAT/DHCP network, how would you find the
 offending
 customer? We are running static/public so we don't run into 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Robert West
We Nat everyone and we log not much of anything because I'm an internet
service, not a monitoring service.   They don't pay me to do such things
therefore I don't.  However, I did have one case of suspected child porn and
told the cops to feel free to install their own box to log it and they did.
All I gave them was a place to plug it in.  Not my job.

Bob-



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Faisal Imtiaz
Sent: Tuesday, November 10, 2009 9:05 PM
To: 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

You have to be able to Identify the Customer, weather you do it via IP or
any other info is a monior Technicality. A lot of the Subpoena issued
via mail or fax are more 'in support' of whatever the case the appropriate
law enforcemnet agency is working on.

Next time you get a Subpoena  Feel free to ignore it or tell them you
cannot find the info.

If what they are working on is important enough or if you piss off the right
person, having a group of 4 or 5 agents showing up to your office, and
telling you nicely You can either find the information for us now, or
we can come back with a team of a dozen people and a court order, and find
the information  ourselves by taking everything apart  is very real and a
tremendous motivator.

If I had not seen them do this, I would have chalked it off to being a
'movie line'.

In Short, you can be a cowboy with an attituted with them, or you can
cooperate, the choice is yours, but the consequences can be very real.



Faisal Imtiaz
Computer Office Solutions Inc. /SnappyDSL.net
Ph: (305) 663-5518 x 232
-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Marlon K. Schafer
Sent: Tuesday, November 10, 2009 8:49 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

You do NOT have to be able to identify the user by IP.  What you have to be
able to do is forward (in real time) all traffic to LEA.

Butch Evens helped write our standard:
http://www.wispa.org/calea/WCS/index.html
he'll be able to give you much more accurate info on the specifics than I
can.

laters,
marlon

- Original Message -
From: Clint Ricker cric...@kentnis.com
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 1:07 PM
Subject: Re: [WISPA] DMCA - copyright infringement


 CALEA does require that you be able to identify subscribers by IP address
 and, as necessary take captures.  So, once this data is collected for 
 CALEA
 compliance purposes (as is mandatory), then it can be used in other legal
 proceedings.

 However, I don't see how a service provider has to provide CALEA 
 information
 unless requested by a law enforcement agency, which would require a 
 criminal
 prosecution (to be accessed by the CALEA provisions which circumvent some 
 of
 the normal due process for these requests) or a subpoena in an ongoing
 lawsuit.

 Still, all that said, I find it a complete breach of trust for a service
 provider to forward that information onto a third party outside of a
 subpoena or a CALEA request.  This is true in cases of copyright
 enforcement, which is usually more of a civil dispute between two parties
 than a criminal matter.  This breach of privacy could also be abused in
 other ways: it's not hard to imagine a spoofed copyright violation notice
 being sent by a child predator or an offended chatroom user who fishes for
 identification information for purposes of revenge or abuse.

 -Clint

 On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net 
 wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service provider)
 supposed to keep our detail records of subscibers and usage logs

 .We keep logs by using a centralied Syslog server, where we log 
 access,
 based on time stamp records, we can go back and see who was using what IP
 address at what point in time...




 Faisal Imtiaz
 Computer Office Solutions Inc. /SnappyDSL.net
 Ph: (305) 663-5518 x 232
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Tuesday, November 10, 2009 3:01 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Sounds like a lot of work. I think the question should be - Is it really
 your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
 jrichard...@aircloud.com wrote:
  So if you are running a NAT/DHCP network, how would you find the
 offending
 customer? We are running static/public so we don't run into this.
 
  I think the simplest way is to require the studio to provide the IP for
 the server delivering copyrighted information.
 
  The ISP has to be tracking CPE MACs.
 
  Use MT's torch or Wireshark to look at connections across the network 
  to
 find the BT server 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Jerry Richardson
An that will be sufficient assuming that you can point to an IP on your network 
and know who has it at the time. the only way to do that is to track the MAC 
address of the CPE.

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Robert West
Sent: Tuesday, November 10, 2009 6:25 PM
To: fai...@snappydsl.net; 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

We Nat everyone and we log not much of anything because I'm an internet
service, not a monitoring service.   They don't pay me to do such things
therefore I don't.  However, I did have one case of suspected child porn and
told the cops to feel free to install their own box to log it and they did.
All I gave them was a place to plug it in.  Not my job.

Bob-



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Faisal Imtiaz
Sent: Tuesday, November 10, 2009 9:05 PM
To: 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

You have to be able to Identify the Customer, weather you do it via IP or
any other info is a monior Technicality. A lot of the Subpoena issued
via mail or fax are more 'in support' of whatever the case the appropriate
law enforcemnet agency is working on.

Next time you get a Subpoena  Feel free to ignore it or tell them you
cannot find the info.

If what they are working on is important enough or if you piss off the right
person, having a group of 4 or 5 agents showing up to your office, and
telling you nicely You can either find the information for us now, or
we can come back with a team of a dozen people and a court order, and find
the information  ourselves by taking everything apart  is very real and a
tremendous motivator.

If I had not seen them do this, I would have chalked it off to being a
'movie line'.

In Short, you can be a cowboy with an attituted with them, or you can
cooperate, the choice is yours, but the consequences can be very real.



Faisal Imtiaz
Computer Office Solutions Inc. /SnappyDSL.net
Ph: (305) 663-5518 x 232
-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Marlon K. Schafer
Sent: Tuesday, November 10, 2009 8:49 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

You do NOT have to be able to identify the user by IP.  What you have to be
able to do is forward (in real time) all traffic to LEA.

Butch Evens helped write our standard:
http://www.wispa.org/calea/WCS/index.html
he'll be able to give you much more accurate info on the specifics than I
can.

laters,
marlon

- Original Message -
From: Clint Ricker cric...@kentnis.com
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 1:07 PM
Subject: Re: [WISPA] DMCA - copyright infringement


 CALEA does require that you be able to identify subscribers by IP address
 and, as necessary take captures.  So, once this data is collected for
 CALEA
 compliance purposes (as is mandatory), then it can be used in other legal
 proceedings.

 However, I don't see how a service provider has to provide CALEA
 information
 unless requested by a law enforcement agency, which would require a
 criminal
 prosecution (to be accessed by the CALEA provisions which circumvent some
 of
 the normal due process for these requests) or a subpoena in an ongoing
 lawsuit.

 Still, all that said, I find it a complete breach of trust for a service
 provider to forward that information onto a third party outside of a
 subpoena or a CALEA request.  This is true in cases of copyright
 enforcement, which is usually more of a civil dispute between two parties
 than a criminal matter.  This breach of privacy could also be abused in
 other ways: it's not hard to imagine a spoofed copyright violation notice
 being sent by a child predator or an offended chatroom user who fishes for
 identification information for purposes of revenge or abuse.

 -Clint

 On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net
 wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service provider)
 supposed to keep our detail records of subscibers and usage logs

 .We keep logs by using a centralied Syslog server, where we log
 access,
 based on time stamp records, we can go back and see who was using what IP
 address at what point in time...




 Faisal Imtiaz
 Computer Office Solutions Inc. /SnappyDSL.net
 Ph: (305) 663-5518 x 232
 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Adam Goodman
 Sent: Tuesday, November 10, 2009 3:01 PM
 To: WISPA General List
 Subject: Re: [WISPA] DMCA - copyright infringement

 Sounds like a lot of work. I think the question should be - Is it really
 your (our) job to protect those crappies revenue stream?


 On Tue, Nov 10, 2009 at 12:28 PM, Jerry Richardson
 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Robert West
Exactly.  They are the detectives so I basically told them to feel free to
detect.  Just don't mess with my network.



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Jerry Richardson
Sent: Tuesday, November 10, 2009 9:27 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

An that will be sufficient assuming that you can point to an IP on your
network and know who has it at the time. the only way to do that is to track
the MAC address of the CPE.

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Robert West
Sent: Tuesday, November 10, 2009 6:25 PM
To: fai...@snappydsl.net; 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

We Nat everyone and we log not much of anything because I'm an internet
service, not a monitoring service.   They don't pay me to do such things
therefore I don't.  However, I did have one case of suspected child porn and
told the cops to feel free to install their own box to log it and they did.
All I gave them was a place to plug it in.  Not my job.

Bob-



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Faisal Imtiaz
Sent: Tuesday, November 10, 2009 9:05 PM
To: 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

You have to be able to Identify the Customer, weather you do it via IP or
any other info is a monior Technicality. A lot of the Subpoena issued
via mail or fax are more 'in support' of whatever the case the appropriate
law enforcemnet agency is working on.

Next time you get a Subpoena  Feel free to ignore it or tell them you
cannot find the info.

If what they are working on is important enough or if you piss off the right
person, having a group of 4 or 5 agents showing up to your office, and
telling you nicely You can either find the information for us now, or
we can come back with a team of a dozen people and a court order, and find
the information  ourselves by taking everything apart  is very real and a
tremendous motivator.

If I had not seen them do this, I would have chalked it off to being a
'movie line'.

In Short, you can be a cowboy with an attituted with them, or you can
cooperate, the choice is yours, but the consequences can be very real.



Faisal Imtiaz
Computer Office Solutions Inc. /SnappyDSL.net
Ph: (305) 663-5518 x 232
-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Marlon K. Schafer
Sent: Tuesday, November 10, 2009 8:49 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

You do NOT have to be able to identify the user by IP.  What you have to be
able to do is forward (in real time) all traffic to LEA.

Butch Evens helped write our standard:
http://www.wispa.org/calea/WCS/index.html
he'll be able to give you much more accurate info on the specifics than I
can.

laters,
marlon

- Original Message -
From: Clint Ricker cric...@kentnis.com
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 1:07 PM
Subject: Re: [WISPA] DMCA - copyright infringement


 CALEA does require that you be able to identify subscribers by IP address
 and, as necessary take captures.  So, once this data is collected for
 CALEA
 compliance purposes (as is mandatory), then it can be used in other legal
 proceedings.

 However, I don't see how a service provider has to provide CALEA
 information
 unless requested by a law enforcement agency, which would require a
 criminal
 prosecution (to be accessed by the CALEA provisions which circumvent some
 of
 the normal due process for these requests) or a subpoena in an ongoing
 lawsuit.

 Still, all that said, I find it a complete breach of trust for a service
 provider to forward that information onto a third party outside of a
 subpoena or a CALEA request.  This is true in cases of copyright
 enforcement, which is usually more of a civil dispute between two parties
 than a criminal matter.  This breach of privacy could also be abused in
 other ways: it's not hard to imagine a spoofed copyright violation notice
 being sent by a child predator or an offended chatroom user who fishes for
 identification information for purposes of revenge or abuse.

 -Clint

 On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net
 wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service provider)
 supposed to keep our detail records of subscibers and usage logs

 .We keep logs by using a centralied Syslog server, where we log
 access,
 based on time stamp records, we can go back and see who was using what IP
 address at what point in time...




 Faisal Imtiaz
 Computer Office Solutions Inc. /SnappyDSL.net
 Ph: (305) 663-5518 x 232
 -Original Message-
 From: wireless-boun...@wispa.org 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Jerry Richardson
I assume you gave them a port on your edge switch that mirrored your network 
feed?

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Robert West
Sent: Tuesday, November 10, 2009 6:31 PM
To: 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

Exactly.  They are the detectives so I basically told them to feel free to
detect.  Just don't mess with my network.



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Jerry Richardson
Sent: Tuesday, November 10, 2009 9:27 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

An that will be sufficient assuming that you can point to an IP on your
network and know who has it at the time. the only way to do that is to track
the MAC address of the CPE.

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Robert West
Sent: Tuesday, November 10, 2009 6:25 PM
To: fai...@snappydsl.net; 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

We Nat everyone and we log not much of anything because I'm an internet
service, not a monitoring service.   They don't pay me to do such things
therefore I don't.  However, I did have one case of suspected child porn and
told the cops to feel free to install their own box to log it and they did.
All I gave them was a place to plug it in.  Not my job.

Bob-



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Faisal Imtiaz
Sent: Tuesday, November 10, 2009 9:05 PM
To: 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

You have to be able to Identify the Customer, weather you do it via IP or
any other info is a monior Technicality. A lot of the Subpoena issued
via mail or fax are more 'in support' of whatever the case the appropriate
law enforcemnet agency is working on.

Next time you get a Subpoena  Feel free to ignore it or tell them you
cannot find the info.

If what they are working on is important enough or if you piss off the right
person, having a group of 4 or 5 agents showing up to your office, and
telling you nicely You can either find the information for us now, or
we can come back with a team of a dozen people and a court order, and find
the information  ourselves by taking everything apart  is very real and a
tremendous motivator.

If I had not seen them do this, I would have chalked it off to being a
'movie line'.

In Short, you can be a cowboy with an attituted with them, or you can
cooperate, the choice is yours, but the consequences can be very real.



Faisal Imtiaz
Computer Office Solutions Inc. /SnappyDSL.net
Ph: (305) 663-5518 x 232
-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Marlon K. Schafer
Sent: Tuesday, November 10, 2009 8:49 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

You do NOT have to be able to identify the user by IP.  What you have to be
able to do is forward (in real time) all traffic to LEA.

Butch Evens helped write our standard:
http://www.wispa.org/calea/WCS/index.html
he'll be able to give you much more accurate info on the specifics than I
can.

laters,
marlon

- Original Message -
From: Clint Ricker cric...@kentnis.com
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 1:07 PM
Subject: Re: [WISPA] DMCA - copyright infringement


 CALEA does require that you be able to identify subscribers by IP address
 and, as necessary take captures.  So, once this data is collected for
 CALEA
 compliance purposes (as is mandatory), then it can be used in other legal
 proceedings.

 However, I don't see how a service provider has to provide CALEA
 information
 unless requested by a law enforcement agency, which would require a
 criminal
 prosecution (to be accessed by the CALEA provisions which circumvent some
 of
 the normal due process for these requests) or a subpoena in an ongoing
 lawsuit.

 Still, all that said, I find it a complete breach of trust for a service
 provider to forward that information onto a third party outside of a
 subpoena or a CALEA request.  This is true in cases of copyright
 enforcement, which is usually more of a civil dispute between two parties
 than a criminal matter.  This breach of privacy could also be abused in
 other ways: it's not hard to imagine a spoofed copyright violation notice
 being sent by a child predator or an offended chatroom user who fishes for
 identification information for purposes of revenge or abuse.

 -Clint

 On Tue, Nov 10, 2009 at 3:23 PM, Faisal Imtiaz fai...@snappydsl.net
 wrote:

 This actually leads to another question:
  Based on Federal CALEA requirements, aren't we (the service provider)
 supposed to keep our detail records of subscibers and usage logs

 .We keep logs by using a 

Re: [WISPA] DMCA - copyright infringement

2009-11-10 Thread Robert West
They just plugged some linux box one of their computer cop dudes put
together into our main switch in the office and left.  They monitored it
from the cop shop. All we told them was we needed to see a court order
before they plugged the thing in.  

Bob-

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Jerry Richardson
Sent: Tuesday, November 10, 2009 9:33 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

I assume you gave them a port on your edge switch that mirrored your network
feed?

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Robert West
Sent: Tuesday, November 10, 2009 6:31 PM
To: 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

Exactly.  They are the detectives so I basically told them to feel free to
detect.  Just don't mess with my network.



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Jerry Richardson
Sent: Tuesday, November 10, 2009 9:27 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

An that will be sufficient assuming that you can point to an IP on your
network and know who has it at the time. the only way to do that is to track
the MAC address of the CPE.

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Robert West
Sent: Tuesday, November 10, 2009 6:25 PM
To: fai...@snappydsl.net; 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

We Nat everyone and we log not much of anything because I'm an internet
service, not a monitoring service.   They don't pay me to do such things
therefore I don't.  However, I did have one case of suspected child porn and
told the cops to feel free to install their own box to log it and they did.
All I gave them was a place to plug it in.  Not my job.

Bob-



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Faisal Imtiaz
Sent: Tuesday, November 10, 2009 9:05 PM
To: 'WISPA General List'
Subject: Re: [WISPA] DMCA - copyright infringement

You have to be able to Identify the Customer, weather you do it via IP or
any other info is a monior Technicality. A lot of the Subpoena issued
via mail or fax are more 'in support' of whatever the case the appropriate
law enforcemnet agency is working on.

Next time you get a Subpoena  Feel free to ignore it or tell them you
cannot find the info.

If what they are working on is important enough or if you piss off the right
person, having a group of 4 or 5 agents showing up to your office, and
telling you nicely You can either find the information for us now, or
we can come back with a team of a dozen people and a court order, and find
the information  ourselves by taking everything apart  is very real and a
tremendous motivator.

If I had not seen them do this, I would have chalked it off to being a
'movie line'.

In Short, you can be a cowboy with an attituted with them, or you can
cooperate, the choice is yours, but the consequences can be very real.



Faisal Imtiaz
Computer Office Solutions Inc. /SnappyDSL.net
Ph: (305) 663-5518 x 232
-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Marlon K. Schafer
Sent: Tuesday, November 10, 2009 8:49 PM
To: WISPA General List
Subject: Re: [WISPA] DMCA - copyright infringement

You do NOT have to be able to identify the user by IP.  What you have to be
able to do is forward (in real time) all traffic to LEA.

Butch Evens helped write our standard:
http://www.wispa.org/calea/WCS/index.html
he'll be able to give you much more accurate info on the specifics than I
can.

laters,
marlon

- Original Message -
From: Clint Ricker cric...@kentnis.com
To: WISPA General List wireless@wispa.org
Sent: Tuesday, November 10, 2009 1:07 PM
Subject: Re: [WISPA] DMCA - copyright infringement


 CALEA does require that you be able to identify subscribers by IP address
 and, as necessary take captures.  So, once this data is collected for
 CALEA
 compliance purposes (as is mandatory), then it can be used in other legal
 proceedings.

 However, I don't see how a service provider has to provide CALEA
 information
 unless requested by a law enforcement agency, which would require a
 criminal
 prosecution (to be accessed by the CALEA provisions which circumvent some
 of
 the normal due process for these requests) or a subpoena in an ongoing
 lawsuit.

 Still, all that said, I find it a complete breach of trust for a service
 provider to forward that information onto a third party outside of a
 subpoena or a CALEA request.  This is true in cases of copyright
 enforcement, which is usually more of a civil dispute between two parties
 than a criminal matter.  This breach of privacy could also be abused in
 other ways: it's not 

Re: [WISPA] CPE - who buys it?

2009-11-10 Thread RickG
Tom,

Your reply is the the info I was looking for. Thanks for your reply. I do
believe you are correct but I'll double-check with my county and CPA. I've
moved so many times around the country that I cant keep up! Just a note, we
have been paying our property taxes by default because of our lessor passes
it on to us. The reason I'm inquiring is in preparation for when our lease
is paid off (early next year). With that said, I have an additional
question: Do you pay property taxes on every screw, nut,  bolt?
-RickG

On Tue, Nov 10, 2009 at 1:36 PM, Tom DeReggi wirelessn...@rapiddsl.netwrote:

 Rick,

 No your assumption is not true.

 Property Tax is applied on property.  When you buy radio CPE it shows up
 on your financials as property, and if you TAX DEDUCT the cost of the
 CPE,
 which I sure hope you do for your benefit, you have claimed those purchases
 as property.  A Auditor isn;t going to go look for a single small purchase.
 But I assure you CPEs, a line item which adds up to be a huge inaggregate
 cost, they will immediately see that property and recognize whether that
 property was declared, and property tax properly paid on it or not. As a
 matter of fact some counties will check you federal returns, to find your
 claimed deductions and depreciations, and automatically assess your
 property
 tax based on your Federal Tax Returns.

 SO IF your county charges Property Tax then your CPEs are TAXABLE
 PROPERTY UNLESS your county specifically has passsed a law to excemption
 radio equipment.  Loudon County Virgina is one specific County that made
 Wireless CPE exempt from property tax to foster local investment in
 Broadband. I wish more counties were as insightful, because it was a very
 effective program.  Property Tax is NOT just for large real estate. Its
 paid
 on EVERY TANGIBLE ASSET you own. That include an office chair, a computer,
 a
 telephone, a router, a CPE, what ever it is that you own.

 Mike, Just because nobody has been commming around asking for Property Tax
 on CPE does not make it not owed. Property Tax is self claimed, so the
 government doesn't know you have that property until they decide to audit
 you, or you tell them. But why do you pay any tax of any kind at all? After
 all, if you aren't audited you wont have to pay it? Because you know when
 you are audited, you'll be in big trouble if you didn't. The same applied
 to
 Property Tax. The burden is on the Property Owner to know the law and
 properly report Tax, or it is illegal TAX Evading, if the owner does not
 report it.

 Yes, I've fully qualified the above with attorneys and accountants. I
 learned this the hard way.
 I originally over paid my property taxes, because I didn't know the laws.
 When I learned I over paid, I stopped reporting and paying Property tax.
 I got audited by the county, and they decided to estimate my Property Tax
 based on data reported on my income tax returns, which was about 10 times
 more than I actually owed.
 The way it work is, you pay everything the government claims, and then if
 you protest the amounts and win, they'll send you a refund.
 I made the mistake of fighting the process, and when I didn't pay the wrong
 amounts, they simply immediately cancelled my corporate status, reported it
 to credit agencies, and made it impossible for me to get a LOAN for over
 1.5
 years. I couldn't even renew my ARIN IP, until I got it cleared up.

 The reason you report Property Tax on CPE is so you can report the correct
 amounts. The government does not have access to the fact to assess a
 correct
 amount and will always grossly over estimate. You should also include a
 letter explaining anything that might look odd.

 This is the thing Property Tax is paid to the State that the property
 is
 located and installed in.  So if you are a  Pennsylvania business, and buy
 equipment from California, and install the CPE into Maryland, you pay
 Property Tax on that CPE to Maryland. The problem here is that most WISPs
 dont track where they will install a CPE at the time they buy bulk CPE, so
 there is usually not a good record of where to pay tax to.  SO... IF you
 buy
 100 CPEs and Pay Tax on 100 CPEs to your State, and then isntall 30 of
 those
 CPEs in another State, you owe that second State Property Tax for 30 CPEs.
 This means that you are at risk of paying Tax TWICE, if you do not properly
 track where property resides and break tax payments down appropriately to
 match.

 This is one of the reasons I am against tracking an ISP's end user
 locations. The States/Counties will then have a clear record to track how
 many CPEs an ISP has in their County.

 To find out if you owe property tax, you need to look at county code. Dont
 look for something to say that you have to pay tax on CPE, because it wont
 be there. By default you are obligated to pay tax on EVERYTHING, unless an
 excemption was given. So you are looking for an Excemption in the County
 Tax
 Code specifically for broadband 

Re: [WISPA] customers dogs chewing on CAT5

2009-11-10 Thread John Thomas
How about

http://www.lowes.com/lowes/lkn?action=productDetailproductId=69899-1267-FO550Mlpage=none

where the dogs can reach it?

John

Kurt Fankhauser wrote:
 I've had several customers that have had their dog chew on the Cat5 going
 from the house to the TV tower and some of them multiple times.

  

 Anyone have ideas on how to keep the dog from chewing on the wire? I've got
 one customer on their 3rd Cat5 run and going out right now to replace a
 different customer that will be his 3rd one as well. 

  

 I'm about ready to shoot the stinking dog..

  

 Kurt Fankhauser
 WAVELINC
 P.O. Box 126
 Bucyrus, OH 44820
 419-562-6405
 www.wavelinc.com

  

  

  



 
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