[arin-ppml] ARIN-prop-180 ISP Private Reassignment

[Martin Hannigan]

On Thu, Aug 9, 2012 at 1:53 PM, Christoph Blecker <cblecker at gmail.com> wrote:
> On Thu, Aug 9, 2012 at 9:15 AM, Jeffrey Lyon
> <jeffrey.lyon at blacklotus.net> wrote:

[ clip ]

> Here's a scenario to think about. In many cases, ISPs are really tight
> with their customer data and will not release it without a court
> order. Say there is some sort of time sensitive issue that law
> enforcement needs to track down an IP address. Getting a court order
> for the ISP to release their customer information, then getting
> another court order against the entity takes time. At least having a
> clue if they're on the right track as far as the owner of an IP can
> help law enforcement speed things up.

In order to issue a subpoena for subscriber data, an officer of the
court needs an open case and typically the signature of a supervisor
in many jurisdictions in order to serve for documents or appearance at
their offices. Your argument about the time disparity is unfortunately
inaccurate, but I hope this helps a bit. I'm not a lawyer, so as with
any legal issue you should consider asking a real lawyer to validate
that for the most part.

Using  inaccurate WHOIS data to "help" in addressing exigent
situations is a red-herring in the argument against the proposed
policy in my opinion. Your mileage may vary, of course.

Best Regards,

-M<