From amitchell@isipp.com Fri Jul 6 02:35:04 2018 From: "Anne P. Mitchell, Esq." To: cypherpunks-legacy@lists.cpunks.org Subject: Re: Copyright infringement notice Date: Fri, 06 Jul 2018 02:35:04 +0000 Message-ID: <172289275175.3881296.17572204591232276168.generated@mail.pglaf.org> MIME-Version: 1.0 Content-Type: multipart/mixed; boundary="===============0113939478313272166==" --===============0113939478313272166== Content-Type: text/plain; charset="utf-8" Content-Transfer-Encoding: quoted-printable >=20 >=20 > The 6 strikes system doesn't kick in til Jan 2013 AFAIK. My understanding was that it started kicking in last month, but in any event,= for whomever sent the original poster the complaint, it's clearly in effect = now. >=20 > Does the legal letter make any kind of demand? Usually the sender (aka copy= right troll - a technical term) will be looking for personal info to associat= e with the IP in order to institute a shakedown of some nature. IANAL but I b= elieve one can wait for a subpoena, and even then it's not open and closed. Actually under the "copyright alert" scheme, the ISPs specifically are *not* = to give up personal information, they are simply to take the IP address being= reported as downloading copyrighted material, and determine *internally* who= the user is, and then send the user the copyright alert, *without* sharing w= ith the accuser who the user is. =20 And yes, in order to share user information forward-facing, one not only can = - but one *should* - insist on a subpoena, as that will protect you from brea= ch and invasion of privacy allegations by your own users (assuming your TOS, = as it should, says something like "we will not share your private information= *unless* required to by law" (and, IAAL :-) ). Anne Anne P. Mitchell, Esq CEO/President Institute for Social Internet Public Policy http://www.ISIPP.com=20 Member, Cal. Bar Cyberspace Law Committee How do you get legitimate email through in a spam-filtered world? SuretyMail! Helping businesses get their email delivered to the inbox since 1998 http://www.isipp.com/SuretyMail Author, "They're Your Kids Too: The Single Father's Guide to Defending Your = Fatherhood in a Broken Family Law System"=20 http://www.amazon.com/Theyre-Your-Kids-Too-Fatherhood/dp/061551443X ----- End forwarded message ----- --=20 Eugen* Leitl leitl http://leitl.org ______________________________________________________________ ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org 8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE --===============0113939478313272166==--