[IP] more on COMMENTS REQUESTED -- Apparent large telco liability

[David Farber]

based on USA Today facts
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Reply-To: dave at farber.net



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From: "Synthesis: Law and Technology"
<synthesis.law.and.technology at gmail.com>
Date: May 12, 2006 12:09:54 PM EDT
To: dave at farber.net
Cc: peter at peterswire.net
Subject: Re: [IP] COMMENTS REQUESTED -- Apparent large telco
liability based on USA Today facts


Dave,

I doubt Peter expected us to find a flaw in his actual analysis since
all the loop holes have already been covered and under the most
extreme interpretations one would find it difficult to argue directly
against his reasoning.  If there is a defence possible for the telcos
it might be under yet-another discussion of the presidential
authority (or the limits thereof).  The difference I see in this one
(and I am most definitely not an expert on this) is the monetary
one.  The direct civil cause of action in the statute would seem to
incentive for this one to perhaps be taken further?

It will be interesting to observe, especially given Qwest's refusal
to  comply (apparently without sanction?).  If Qwest had concerns and
voiced them and was not forced to comply it would appear this could
be a difficult one, and not just for the telcos.

Dan Steinberg

SYNTHESIS:Law & Technology
35, du Ravin phone: (613) 794-5356
Chelsea, Quebec
J9B 1N1
On 5/12/06, David Farber <dave at farber.net> wrote:

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