dslreports logo
site
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


Search Topic:
uniqs
10
share rss forum feed


hm

@videotron.ca
reply to OhPlease

Re: keeping log...

said by OhPlease :

It is not.
Show me a link to this law, or an article about it.

You are right. It isn't a law. But this should wake people up to ask their ISP's, hosting provider, and who ever else about retention periods.

So far we have seen Start Communications lower their retention from 1 year to 3 months. They recognized there is a potential for abuse by vultures (like Voltage, as an example), or other reason to tighten their retention policy for the better.

In an update to the "blog post" that Karl links to up above, The person who runs pogowasright.org nails it again here:

Judge grants new adjournment in TekSavvy illegal downloading case
»www.pogowasright.org/?p=32685
quote:
This case should also make all Canadian ISPs take a longer, harder look at their data retention. Law enforcement and companies like Voltage want long retention periods, but why should ISPs retain data for long periods if such retention is not necessary for processing of the subscriber’s bills or account and only increases the risk that data may be hacked or used for other purposes against the subscriber?
Start Communications did just this. Other ISP's choose to ignore it. However, PIPEDA (your privacy laws) do outline a general criteria which half (if not most) of these smaller ISP's are not following.

Bigger issue here than meets the eye if one were to get the ball rolling with PrivCom and the CRTC.

And finaly from the same link, »www.pogowasright.org/?p=32685:

quote:
Supporting the right of subscribers to privacy protection from frivolous or erroneous lawsuits does not equate with condoning piracy. It merely recognizes that before ISPs turn over subscribers’ details, there should be solid evidence supporting allegations of copyright infringement by the subscriber.
One need not toss away their "safe harbour" for this, as stated. A case in point would be when bOINGbOING.net's Canadian hosting provider got a cease and desist for copyrighted material being hosted and an order to "take down". The provider took the time to look it over and said it had no merit so chose to ignore it. Nothing came of it, except everyone mocking the copyright holder.

Mind you in this case, with someone running to get a court order, it is a bit different. But like the bOINGbOING.net's Canadian hosting provider, ISP's can look at the over-all merit of the request and oppose it w/o any recourse. "Safe Harbour", in Canada, doesn't mean you have to toss up your hands and not oppose it, as TSI chose to do.

But I guess they must have reasons for doing this that we are all not aware of.

Rastan

join:2007-04-25
Canada
Reviews:
·TekSavvy DSL
·voip.ms
Apparently, the reason why Teksavvy chose not to oppose Voltage Pictures is because they think the new copyright laws prevent them from doing this. I don't understand how Teksavvy's legal team could misinterpret the new law this badly but this is the reason Marc gave.

I wonder if Voltage Picture's legal team was able to intimidate Teksavvy's legal team into not opposing them.


hm

@videotron.ca
said by Rastan:

Apparently, the reason why Teksavvy chose not to oppose Voltage Pictures is because they think the new copyright laws prevent them from doing this. I don't understand how Teksavvy's legal team could misinterpret the new law this badly but this is the reason Marc gave.

I wonder if Voltage Picture's legal team was able to intimidate Teksavvy's legal team into not opposing them.

Yeah I saw that. But does that even make any sense at all? Their lawyers would have to be pretty damn bad (lack of a better word) if that was the paid legal advice given to them.

I think there is more to it than that. Has to be a scapegoat reply he gave to get people off his back. Even Copyright expert Howard Knopf called them out on this.

See this topic/post for the best reason going so far:
»Re: Voltage Versus Teksavvy, Round 2 Continued

It's only a guess. But a damn good one.