On Fri, 30 Nov 2007, Frank Muto wrote:
I have a question though you may or may be able to answer it. In
point 1, you said you gave the LEA information on how to word their
subpoena? Was this knowledge based on an attorneys consult? I'll
assume it may have been unless you are an attorney yourself.
Perhaps I worded that incorrectly. What they asked for in the first
subpoena was not technically possible to provide because they asked
about a NAT address and they cannot allow us to provide them a list
of 200 names. I simply explained to him how we could go about
limiting the information and he got the appropriate subpoenas worded
in a way that allowed us to gather the information he needed.
From a procedural standpoint, it would have been much easier if he
had let us help him understand that in the first place before he got
the first subpoena, which was useless.
Secondly, why would an attorney or anyone provide "legal" consult
to the LEA? The DOJ has all the required information any LEA needs
to obtain the information they need in an investigation. Most of it
is basically fill in the blank and the forms have multiple Q&A to
write up the subpoena.
My consultation with them was not legal in nature....it was
technical. Either way, I specifically recommended that my customers
seek legal council regarding the information they are providing the
LEA. I don't know if they did that, but I did recommend that.
Having gone through enough of this over the past couple years, I
have doubts that helping an LEA is in your best interest. How do
you warrant or have legal standing on telling an LEA that their
subpoena does not have the correct information for the request?
They asked for something that was not technically possible to
provide. It is that simple. We could have given them the names of
200+ people, but that would not help them, and could have hurt their
case. Whether it is CALEA or some other statute that the subpoena
is based on, we, as citizens, have a duty to provide the information
they are requesting under the law. I don't want to rehash this
whole idea of whether it is in our best interest or not. The law is
the law.
It is up to the LEA to get the proper legal consult they need when
writing up a subpoena and or warrant to present to the court.
Not just legal consult, but technical. I don't mind if they get the
technical part from me...it's what I do for a living. ;-)
--
Butch Evans
Network Engineering and Security Consulting
573-276-2879
http://www.butchevans.com/
My calendar: http://tinyurl.com/y24ad6
Training Partners: http://tinyurl.com/smfkf
Mikrotik Certified Consultant
http://www.mikrotik.com/consultants.html
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