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DFWDraco76
Premium
join:2001-02-21
Plano, TX
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·Verizon FIOS

Re: How does SBC stand RE: recent RIAA activity?

from »www.sfgate.com/cgi-bin/article.c···6516.DTL :

...
And in the wake of such suits, many Internet service providers (including SBC Communications) agreed to first notify users when they received a subpoena, giving them a week or so to hire an attorney to try to quash the order.
...


I didn't mean to start a debate--I won't touch it with a ten foot pole myself. I was just curious as to the official policy of SBC.

prosecutor
Do Your Duty--Be A Juror
Premium
join:2002-11-15
Plano, TX


Re: How does SBC stand RE: recent RIAA activity?

A legitimate debate, though, don't you think?

To give greater detail to the above post, SBC has always, at least since 1996, required a subpoena for the records I've sought from them.

I sincerely hope that SBC will not notify users suspected of criminal conduct of the existence of the subpoena. That could subject the company and its officers to civil and criminal liability, depending on the circumstances. It could also inform real, live, hard core criminals that law enforcement is closing in. Targets of lawsuits and defendants in criminal investigations have ample means to protect their rights and privacy in court in this country, without limiting the legitimate use of subpoenas and similar instruments.

Again, part of the problem is that the same system is used to prosecute murderers and persons stealing candybars. The solution is to change the consequence of stealing candybars, not screw up the the system used to prosecute murderers and pedophiles.

You also need to remember that the subpoena is a right that every citizen enjoys when they go into court, whether as plaintiff or defendant. Do you want to limit your own ability to defend yourself or obtain redress against another who has injured you or your interests?
[text was edited by author 2003-07-28 14:41:33]
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