[Stu Baker is a partner at Steptoe and Johnson and a former general counsel
to the National Security Agency. Previous Politech message:
http://www.politechbot.com/p-03534.html --Declan]
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From: "Baker, Stewart" <SBaker_at_steptoe.com>
To: "'declan_at_well.com'" <declan_at_well.com>
Subject: RE: Internet firms say police search rules endanger privacy
Date: Wed, 15 May 2002 06:03:38 -0400
Declan,
This is an interesting case. It looks as though the court's ruling is bad
for the government, bad for ISPs, and bad for privacy. It seems to require
that investigators be present for the ISP's search of records. Since the
police won't have the necessary technical skills, they won't add anything
to the effort but the need to have them present will cost the government
money, delay and complicate the ISP's compliance, and (assuming the
investigator really is present for each stage of search) will expose the
police to lots of information about subscribers that isn't covered by the
search order and that wouldn't be provided to the government if the ISP
could do the search on its own. A true "lose-lose-lose" ruling.
Stewart Baker
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Received on May 15 2002
Intro
