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Forums » 72% Of P2P Pirates Would Stop With ISP Warning » Up to ISPs?
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bender
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reply to maartena
Re: Up to ISPs?

said by maartena See Profile :

said by baineschile See Profile :

When did it become the duty of the ISP to police content?
Since they were forced to by the Patriot Act adopted in 2002.
you forget that the internet does not belong to the united states government nor is it confined within the borders of the united states.

i, personally, have always felt that the internet should be a sovereign entity and treated as such.


maartena
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reply to baineschile
said by baineschile See Profile :

When did it become the duty of the ISP to police content?
Since they were forced to by the Patriot Act adopted in 2002. I believe ISP's had to have their monitoring equipment in place by either 2005 or 2006, and are not forced to allow access to records to officials that have a warrant to look at them.

Obviously, the INTENDED use is to track down terrorists, but legally speaking the system may be used by any law enforcement who sees reason enough to suspect someone of crimes, and that could include piracy. Of course a proper warrant is still required.

The point of this post is not that the police weren't able to issue warrants BEFORE the patriot act, because they were. But before the patriot act, an ISP could simply say "I am sorry, but our records only go back 2 weeks" or something that sounds technically reasonable, while with the Patriot Act they are legally forced to keep all records to user traffic for at least one year.

Of course, the Patriot Act is useless in the fight against terrorism, because any smart terrorist uses very high encryption to communicate, which is virtually uncrackable, at least not within a reasonable amount of time.

So in a nutshell: The ISP's are forced to keep all traffic records for a year, and the government can request access to those records under the Patriot Act if they suspect you for any type of crime, including those not even close to terrorism, such as torrenting the latest issue of Girls Gone Wild.
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