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| reply to nevtxjustin
Re: Why should ISP's monitor any content at all? said by nevtxjustin:Do you have any citations referring to "We are now required to have a subpoena, warrant, or CALEA action in had *before* we are authorized to intercept for purposes other than maintenance."? No, sir, I am sorry I do not. The issue may have to play out in the courts.
Here is something to think about though. If you know a crime has been committed, you are bound to report that crime, except in very special cases.
A few years ago, I ran "Driftnet" on my gateway router whenever I wanted to demonstrate for people how much porn there really is moving around the net. Then one day, I saw something that I really did not want to know was going on on our network. We don't run that application any more.
Another WISP told me today that when he gets a complaint about a slow connection, he explains that file sharing and some other similar applications can make a link feel slow. It never fails that the customer says he is not doing file sharing. That WISP then asks the customer for a written authorization to sniff the customer's traffic for content. He said that that generally fixes about 80 percent of complaints about slow connections, and about 4 out of five customers refuse to provide the permission.
You could, indeed, put in your TOS that you reserve that right to your network and you would then be covered. As for my "rightness" in this matter. I don't claim any special knowledge other than that which I have been told by agents of the FBI in a formal meeting about CALEA.
We, at this ISP, feel that there is never any need to do deep packet inspection of a customer's traffic. We ask permission to open customer's email folders and we feel that customers do have a right to reasonable expectation of privacy, especially now that VoIP is becoming so common.
But, no, sir, I can't cite case law. You could probably call the CALEA unit at Quantico and get a real good reading on that though.
Here is a link to the web page, if you want to give them a call.
»www.fcc.gov/pshs/services/calea/ | |
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