Re: [WISPA] New Recording LAW in effect today?
I found that a little interesting also. I don't really think a WISP would WANT to be termed a common carrier. communications common carrier: 1. The term "communications common carrier" as used in this part [of 47CFR] means any person (individual, partnership, association, joint-stock company, trust, corporation, or other entity) engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission of energy, including such carriers as are described in subsection 2(b) (2) and (3) of the Communications Act of 1934, as amended, and, in addition, for purposes of subpart H of this part, includes any individual, partnership, association, joint-stock company, trust, corporation, or other entity which owns or controls, directly or indirectly, or is under direct or indirect common control with, any such carrier. [47CFR] 2. Any person engaged in rendering communication service for hire to the public. [47CFR] Synonym common carrier. Internet providers have historicaly fought to NOT be called a communications provider, but rather a "information services provider". The FCC has held, that the ISP is not providing the telecommunications network, but rather overlaying their information on the common carrier network. - Original Message - From: "Matt Liotta" <[EMAIL PROTECTED]> To: "WISPA General List" Sent: Friday, December 01, 2006 4:04 PM Subject: Re: [WISPA] New Recording LAW in effect today? I find it interesting that people are stating their organizations are common carriers. The term common carrier has a very specific legal meaning. Specifically, a common carrier is an entity licensed by the FCC or a state agency to supply local and/or long distance telecommunications services to the general public at established and stated rates. How many WISPs fit the above definition? -Matt Tim Kerns wrote: As a common carrier I can understand and agree. What about providing We are common carriers. We no more have to copy peoples e-mail than -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
RE: [WISPA] New Recording LAW in effect today?
This is one of those times when we need to ride the coats of the big guys. They spent millions in lobbying and legal fees to make sure they didn't have to be regulated like a common carrier by defining the new term "information service". All of us are in that business and even though Cable, Power companies and to some extent even the Telco's did this so they could slap us small guys around the advantage is we are also unregulated thanks to them. So if we can say anything it's that we don’t have to join the very messy regulated crowd. Did you see the court decision this week stating Cable could refuse service and the person sued them up to the Court of Appeals and lost with the court saying that cable is not a utility and thus not required to give service to anyone? Aren't you glad Cable paid to get that judgment rather then you having to go broke trying? They may be crappy at service and high priced but they do love to spend money that gives us legal precedent for free. Forbes Mercy President -Washington Broadband, Inc. -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Tim Kerns Sent: Friday, December 01, 2006 1:43 PM To: [EMAIL PROTECTED]; WISPA General List Subject: Re: [WISPA] New Recording LAW in effect today? As a common carrier I can understand and agree. What about providing E-mail services to our customers, do we then need to keep copies of all e-mail that comes into or goes out our server? Tim Kerns - Original Message - From: "Blair Davis" <[EMAIL PROTECTED]> To: "WISPA General List" Sent: Friday, December 01, 2006 11:45 AM Subject: Re: [WISPA] New Recording LAW in effect today? > We are common carriers. We no more have to copy peoples e-mail than the > phone company has to record the contents of every call. > > Tim Kerns wrote: > >> I caught a brief report on FoxNews today about a requirement for keeping >> copies of E-mail. It seems that we may be required to maintain a copy for >> use at later time for criminal courts. Anyone know of this or have more >> info on it? Is it every ISP or only Corporations. This could be >> disasterious. sell alot of storage devices... The Foxnews report says >> the requirement begins today and as usual not a lot of detail. >> >> Tim Kerns >> CV-Access, Inc. >> > > > -- > Blair Davis > > AOL IM Screen Name -- Theory240 > > West Michigan Wireless ISP > 269-686-8648 > > A division of: > Camp Communication Services, INC > > -- > WISPA Wireless List: wireless@wispa.org > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ > > -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.409 / Virus Database: 268.15.3/562 - Release Date: 12/1/2006 -- No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.409 / Virus Database: 268.15.3/562 - Release Date: 12/1/2006 -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] New Recording LAW in effect today?
Here is a link which provides an overview of the ECPA from the DOJ and a handy reference to keep on hand. http://www.usdoj.gov/criminal/cybercrime/s&smanual2002.htm#_IIID1_ We are going through some personal and business issues regarding such issues relating to electronic storage. Frank Muto President/CEO FSM Marketing Group, Inc - Original Message - From: "Patrick Leary" <[EMAIL PROTECTED]> To: "WISPA General List" Sent: Friday, December 01, 2006 2:53 PM Subject: RE: [WISPA] New Recording LAW in effect today? I'm going to look into this, but current law ALREADY requires ISPs to retain records of e-mail traffic and Web searches for 90 days. This was per an amendment to the 1986 Stored Communications Act. Patrick Leary AVP WISP Markets Alvarion, Inc. o: 650.314.2628 c: 760.580.0080 Vonage: 650.641.1243 [EMAIL PROTECTED] -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Tim Kerns Sent: Friday, December 01, 2006 9:30 AM To: WISPA General List Subject: [WISPA] New Recording LAW in effect today? I caught a brief report on FoxNews today about a requirement for keeping copies of E-mail. It seems that we may be required to maintain a copy for use at later time for criminal courts. Anyone know of this or have more info on it? Is it every ISP or only Corporations. This could be disasterious. sell alot of storage devices... The Foxnews report says the requirement begins today and as usual not a lot of detail. Tim Kerns CV-Access, Inc. -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] New Recording LAW in effect today?
Common carrier refers to things other than Telecom. Trucking companies, bus lines, rail transport, air lines to name some. The common denominator seems to be providing transport for data, product or people that is for general, public hire at established rates. I'm sure there is more to this definition, but this seems to be a good, working definition. I'm not a lawyer. A more interesting question is this: If you are a Telco, and you offer voice mail services to your customers, do you have the right or an obligation to archive their voice messages without their knowledge and consent, absent a court order to do so? Matt Liotta wrote: I find it interesting that people are stating their organizations are common carriers. The term common carrier has a very specific legal meaning. Specifically, a common carrier is an entity licensed by the FCC or a state agency to supply local and/or long distance telecommunications services to the general public at established and stated rates. How many WISPs fit the above definition? -Matt Tim Kerns wrote: As a common carrier I can understand and agree. What about providing E-mail services to our customers, do we then need to keep copies of all e-mail that comes into or goes out our server? Tim Kerns - Original Message - From: "Blair Davis" <[EMAIL PROTECTED]> To: "WISPA General List" Sent: Friday, December 01, 2006 11:45 AM Subject: Re: [WISPA] New Recording LAW in effect today? We are common carriers. We no more have to copy peoples e-mail than the phone company has to record the contents of every call. Tim Kerns wrote: I caught a brief report on FoxNews today about a requirement for keeping copies of E-mail. It seems that we may be required to maintain a copy for use at later time for criminal courts. Anyone know of this or have more info on it? Is it every ISP or only Corporations. This could be disasterious. sell alot of storage devices... The Foxnews report says the requirement begins today and as usual not a lot of detail. Tim Kerns CV-Access, Inc. -- Blair Davis AOL IM Screen Name -- Theory240 West Michigan Wireless ISP 269-686-8648 A division of: Camp Communication Services, INC -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- Blair Davis AOL IM Screen Name -- Theory240 West Michigan Wireless ISP 269-686-8648 A division of: Camp Communication Services, INC -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] New Recording LAW in effect today?
I'll drop e-mail services before I'll do that. I am not a cop. Tim Kerns wrote: As a common carrier I can understand and agree. What about providing E-mail services to our customers, do we then need to keep copies of all e-mail that comes into or goes out our server? Tim Kerns - Original Message - From: "Blair Davis" <[EMAIL PROTECTED]> To: "WISPA General List" Sent: Friday, December 01, 2006 11:45 AM Subject: Re: [WISPA] New Recording LAW in effect today? We are common carriers. We no more have to copy peoples e-mail than the phone company has to record the contents of every call. Tim Kerns wrote: I caught a brief report on FoxNews today about a requirement for keeping copies of E-mail. It seems that we may be required to maintain a copy for use at later time for criminal courts. Anyone know of this or have more info on it? Is it every ISP or only Corporations. This could be disasterious. sell alot of storage devices... The Foxnews report says the requirement begins today and as usual not a lot of detail. Tim Kerns CV-Access, Inc. -- Blair Davis AOL IM Screen Name -- Theory240 West Michigan Wireless ISP 269-686-8648 A division of: Camp Communication Services, INC -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- Blair Davis AOL IM Screen Name -- Theory240 West Michigan Wireless ISP 269-686-8648 A division of: Camp Communication Services, INC -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
RE: [WISPA] New Recording LAW in effect today?
and you have to do NOTHING until you get a subpoena to do so. -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Blair Davis Sent: Friday, December 01, 2006 2:46 PM To: WISPA General List Subject: Re: [WISPA] New Recording LAW in effect today? We are common carriers. We no more have to copy peoples e-mail than the phone company has to record the contents of every call. Tim Kerns wrote: > I caught a brief report on FoxNews today about a requirement for > keeping copies of E-mail. It seems that we may be required to maintain > a copy for use at later time for criminal courts. Anyone know of this > or have more info on it? Is it every ISP or only Corporations. This > could be disasterious. sell alot of storage devices... The Foxnews > report says the requirement begins today and as usual not a lot of > detail. > > Tim Kerns > CV-Access, Inc. > -- Blair Davis AOL IM Screen Name -- Theory240 West Michigan Wireless ISP 269-686-8648 A division of: Camp Communication Services, INC -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] New Recording LAW in effect today?
To dispel the FUD about this, the "law" is dealing with the 2006 Amendments to the Federal Rules of Civil Procedure addressing discovery of electronically stored information. Link to pdf http://tinyurl.com/htarf review. Secondly, if you are presented with a properly written subpoena, you do have rules to live by, e.g., Electronic Communications Privacy Act or 1986. Frank Muto President/CEO FSM Marketing Group, Inc - Original Message - From: "Tim Kerns" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]>; "WISPA General List" Sent: Friday, December 01, 2006 4:43 PM Subject: Re: [WISPA] New Recording LAW in effect today? > As a common carrier I can understand and agree. What about providing E-mail > services to our customers, do we then need to keep copies of all e-mail that > comes into or goes out our server? > > Tim Kerns > > - Original Message - > From: "Blair Davis" <[EMAIL PROTECTED]> > To: "WISPA General List" > Sent: Friday, December 01, 2006 11:45 AM > Subject: Re: [WISPA] New Recording LAW in effect today? > > >> We are common carriers. We no more have to copy peoples e-mail than the >> phone company has to record the contents of every call. >> >> Tim Kerns wrote: >> >>> I caught a brief report on FoxNews today about a requirement for keeping >>> copies of E-mail. It seems that we may be required to maintain a copy for >>> use at later time for criminal courts. Anyone know of this or have more >>> info on it? Is it every ISP or only Corporations. This could be >>> disasterious. sell alot of storage devices... The Foxnews report says >>> the requirement begins today and as usual not a lot of detail. >>> >>> Tim Kerns >>> CV-Access, Inc. >>> >> >> >> -- >> Blair Davis >> -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
RE: [WISPA] New Recording LAW in effect today?
I'm going to look into this, but current law ALREADY requires ISPs to retain records of e-mail traffic and Web searches for 90 days. This was per an amendment to the 1986 Stored Communications Act. Patrick Leary AVP WISP Markets Alvarion, Inc. o: 650.314.2628 c: 760.580.0080 Vonage: 650.641.1243 [EMAIL PROTECTED] -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Tim Kerns Sent: Friday, December 01, 2006 9:30 AM To: WISPA General List Subject: [WISPA] New Recording LAW in effect today? I caught a brief report on FoxNews today about a requirement for keeping copies of E-mail. It seems that we may be required to maintain a copy for use at later time for criminal courts. Anyone know of this or have more info on it? Is it every ISP or only Corporations. This could be disasterious. sell alot of storage devices... The Foxnews report says the requirement begins today and as usual not a lot of detail. Tim Kerns CV-Access, Inc. -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ This footnote confirms that this email message has been scanned by PineApp Mail-SeCure for the presence of malicious code, vandals & computer viruses(190). This footnote confirms that this email message has been scanned by PineApp Mail-SeCure for the presence of malicious code, vandals & computer viruses(42). This footnote confirms that this email message has been scanned by PineApp Mail-SeCure for the presence of malicious code, vandals & computer viruses. -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] New Recording LAW in effect today?
Tim- It's an amendment to the Federal Rules of Civil Procedure and it governs what a company that's sued has to do to comply with discovery requests. It doesn't single out WISPs or carriers. Here's a good explanation: http://www.washingtonpost.com/wp-dyn/content/article/2006/12/01/AR2006120100233.html Mark C. Del Bianco Law Office of Mark Del Bianco 3929 Washington St. Kensington, MD 20895 301-933-7216 Communications Law for the Digital Age Tim Kerns <[EMAIL PROTECTED]> wrote: As a common carrier I can understand and agree. What about providing E-mail services to our customers, do we then need to keep copies of all e-mail that comes into or goes out our server? Tim Kerns - Original Message - From: "Blair Davis" To: "WISPA General List" Sent: Friday, December 01, 2006 11:45 AM Subject: Re: [WISPA] New Recording LAW in effect today? > We are common carriers. We no more have to copy peoples e-mail than the > phone company has to record the contents of every call. > > Tim Kerns wrote: > >> I caught a brief report on FoxNews today about a requirement for keeping >> copies of E-mail. It seems that we may be required to maintain a copy for >> use at later time for criminal courts. Anyone know of this or have more >> info on it? Is it every ISP or only Corporations. This could be >> disasterious. sell alot of storage devices... The Foxnews report says >> the requirement begins today and as usual not a lot of detail. >> >> Tim Kerns >> CV-Access, Inc. >> > > > -- > Blair Davis > > AOL IM Screen Name -- Theory240 > > West Michigan Wireless ISP > 269-686-8648 > > A division of: > Camp Communication Services, INC > > -- > WISPA Wireless List: wireless@wispa.org > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ > > -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ Mark C. Del Bianco Law Office of Mark Del Bianco 3929 Washington St. Kensington, MD 20895 301-933-7216 Communications Law for the Digital Age This e-mail and any attachments thereto, is intended only for use by the named addressee(s) and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments thereto, is strictly prohibited. If you receive this email in error, please immediately notify me at (301) 933-7216 and permanently delete the original copy and any copy of any e-mail, and any printout thereof. -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] New Recording LAW in effect today?
I find it interesting that people are stating their organizations are common carriers. The term common carrier has a very specific legal meaning. Specifically, a common carrier is an entity licensed by the FCC or a state agency to supply local and/or long distance telecommunications services to the general public at established and stated rates. How many WISPs fit the above definition? -Matt Tim Kerns wrote: As a common carrier I can understand and agree. What about providing E-mail services to our customers, do we then need to keep copies of all e-mail that comes into or goes out our server? Tim Kerns - Original Message - From: "Blair Davis" <[EMAIL PROTECTED]> To: "WISPA General List" Sent: Friday, December 01, 2006 11:45 AM Subject: Re: [WISPA] New Recording LAW in effect today? We are common carriers. We no more have to copy peoples e-mail than the phone company has to record the contents of every call. Tim Kerns wrote: I caught a brief report on FoxNews today about a requirement for keeping copies of E-mail. It seems that we may be required to maintain a copy for use at later time for criminal courts. Anyone know of this or have more info on it? Is it every ISP or only Corporations. This could be disasterious. sell alot of storage devices... The Foxnews report says the requirement begins today and as usual not a lot of detail. Tim Kerns CV-Access, Inc. -- Blair Davis AOL IM Screen Name -- Theory240 West Michigan Wireless ISP 269-686-8648 A division of: Camp Communication Services, INC -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] New Recording LAW in effect today?
As a common carrier I can understand and agree. What about providing E-mail services to our customers, do we then need to keep copies of all e-mail that comes into or goes out our server? Tim Kerns - Original Message - From: "Blair Davis" <[EMAIL PROTECTED]> To: "WISPA General List" Sent: Friday, December 01, 2006 11:45 AM Subject: Re: [WISPA] New Recording LAW in effect today? We are common carriers. We no more have to copy peoples e-mail than the phone company has to record the contents of every call. Tim Kerns wrote: I caught a brief report on FoxNews today about a requirement for keeping copies of E-mail. It seems that we may be required to maintain a copy for use at later time for criminal courts. Anyone know of this or have more info on it? Is it every ISP or only Corporations. This could be disasterious. sell alot of storage devices... The Foxnews report says the requirement begins today and as usual not a lot of detail. Tim Kerns CV-Access, Inc. -- Blair Davis AOL IM Screen Name -- Theory240 West Michigan Wireless ISP 269-686-8648 A division of: Camp Communication Services, INC -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] New Recording LAW in effect today?
We are common carriers. We no more have to copy peoples e-mail than the phone company has to record the contents of every call. Tim Kerns wrote: I caught a brief report on FoxNews today about a requirement for keeping copies of E-mail. It seems that we may be required to maintain a copy for use at later time for criminal courts. Anyone know of this or have more info on it? Is it every ISP or only Corporations. This could be disasterious. sell alot of storage devices... The Foxnews report says the requirement begins today and as usual not a lot of detail. Tim Kerns CV-Access, Inc. -- Blair Davis AOL IM Screen Name -- Theory240 West Michigan Wireless ISP 269-686-8648 A division of: Camp Communication Services, INC -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
