[governance] Civil Society (was Re: caucus contribution, consultation and MAG meeting)

[Suresh Ramasubramanian]

I do this for a living .. so I can say you're correct

My point is that a bare IP address is no use without accompanying subpoena'd information from the ISP linking it to a customer's name and address

So, all the claims which I see touted by various privacy groups "ip addresses are personal data" - and more so by the EU - just don't pass my criteria for being based on facts.

There are two actions when a cyberstalker situation is involved

1. The ISP can determine that his actions are in violation of their acceptable use policies and then end their relationship with him as a customer - suspend his account from the service, which is a contractual relationship with specific clauses on how such a relationship can be ended.

2. The affected person complains to the police, who believe they have a case they can take before a prosecutor with a reasonable chance of getting a conviction - so they subpoena the ISP and get customer data about the stalker, which they use in making an arrest.

Either case - the customer information is not disclosed to any third party (even law enforcement) without due process being followed, and a stalker's IP address looks just the same as your IP, or the IP of a local church's broadband connection - there's every possibility that a dynamic IP could be assigned to the stalker, then to you, and then to the church, so IP + date and time stamp of the incident need to be tied to the ISP's login and billing data - which you're only going to get with a subpoena from law enforcement..

--srs (iPad)

On 18-Feb-2013, at 13:46, Roland Perry <roland at internetpolicyagency.com> wrote:

> In message <13ce62efbc4.2728.4f968dcf8ecd56c9cb8acab6370fcfe0 at hserus.net>, at 08:55:09 on Sun, 17 Feb 2013, Suresh Ramasubramanian <suresh at hserus.net> writes
>> The ambiguity starts when you need to tie an IP to an actual customers name which you can only do after a subpoena from law enforcement
> 
> That isn't ambiguity, it's a matter of lawful process. Here in the UK the police can make such enquiries from an ISP without a subpoena from a court. However, they first have to be investigating a crime, which is why it was important to clarify what forms of [cyber]stalking are in fact a crime.
> 

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