The legal system and politicians are still casting about looking for a way to understand the place the Internet will play in society, and our collective responsibilities while using it. The decisions they make may be profound, profane, or both. My posts are observations only, not legal advice. Under the ethics rules of the Bar of the State of New Mexico, these posts are a "Lawyer Advertisement." Please let me know if it is successful advertising.

Thursday, October 13, 2005

Subpoenas - Comcast Sued for Disclosing Inaccurate Address in Response to Child Pornography Subpoena

In response to a subpoena from the Wichita police, Comcast disclosed the names and addresses of Brian and Sarah Doom as associated with the IP address set out in the subpoena. The police raided the Doom's house and questioned them for several hours before confiscating their computer. The mistake was discovered several days later and Comcast apologized for the mistake. The Dooms have sued Comcast in both Kansas, where the raid took place, and Georgia, where Comcast is headquartered. The suit alleges invasion of privacy, breach of contract, defamation of character and "outrageous conduct." This case, in conjunction with other cases in the states of Washington and California underscore the need for Internet providers to develop procedures to review and respond to law enforcement requests accurately. This is particularly true for providers who use dynamic IP addresses - since often the IP address in a subpoena has been recycled between an investigation and the time a subpoena is issued. Wichita Eagle Article

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