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mlerner
Premium
join:2000-11-25
Nepean, ON
kudos:5
reply to johansmith

Re: Why we are not opposing motion on Monday.

said by johansmith:

said by mlerner:

I'm trying to dig up some info as I thought there was something in the privacy laws about it.

But also even if it's not in the law, you could make the argument, that if TSI didn't keep logs which then they would have to come back with "sorry, we don't have IP subscriber data" the court could view it as trying to evade the court order.

Not in a million years. Nobody can be compelled to do something that a law does not compel you to do. If a judge would tried it, the order would be appealed and striken so fast your head would spin and the judge would be admonished.

Point taken so presumably they could do that.. but they've already identified subscribers by sending out notices so can't go back now or questions would be raised.

johansmith

join:2012-12-15

said by mlerner:

Point taken so presumably they could do that.. but they've already identified subscribers by sending out notices so can't go back now or questions would be raised.

Huh? How would they ID any customer if there are no logs?


mlerner
Premium
join:2000-11-25
Nepean, ON
kudos:5

said by johansmith:

said by mlerner:

Point taken so presumably they could do that.. but they've already identified subscribers by sending out notices so can't go back now or questions would be raised.

Huh? How would they ID any customer if there are no logs?

I'm saying your argument is right, if they claimed originally they had no logs at all, sent out no notice then they could argue that front. But they sent out notices indicating they have identified subscribers so they couldn't claim that now to the court.