Quote:
Originally Posted by TheDoc
Shhhh, you don't know what you're talking about, again...
It's called a Doe Subpoena. From wiki "A Doe subpoena is a subpoena that seeks the identity of an unknown defendant to a lawsuit. Most jurisdictions permit a plaintiff who does not yet know a defendant's identity to file suit against John Doe and then use the tools of the discovery process to seek the defendant's true name.[1] A Doe subpoena is often served on an online service provider or ISP for the purpose of identifying the author of an anonymous post."
It's not a privacy issue, AT ALL - it's written into the laws!
|
did you even read what i said
i never said that they couldn't get the identity, i said the fishing expeditions have now been denied.
there is a huge difference between getting the identity of a person who you know did something wrong anonymously (ie someone posting slanderous statements under a fake nick) and going on a fishing expedition thru logs to get the proof that they are guilty of a crime.
just because they can get a persons name, doesn't give them a right to route thru a person private surfing history hunting for proof of a POTENTIAL crime. That what the judges are now saying.
Quote:
?The plea that ?allowing? others to infringe is itself an act restricted by s16 (1)(a) and 17 of the 1988 Act is simply wrong,? noted Judge Birss. ?The term used by those sections of the Act is ?authorising? and the difference may be very important if the allegation is about unauthorised use of an internet router by third parties.?
Judge Birss later noted: ?A key part of the plea of infringement rests on an assertion [by ACS:Law] that ?allowing? others to infringe is itself an infringing act, when it is not.?
|
the point is for a john doe subpoena to be valid the lawsuit arguement of culpability must be valid
and judge birss just ruled that it wasn't
the bar has been set much higher, you need to prove that the infringment was "authorise" now.
now all we have to do is wait for the US courts to get their head out of their asses and do the samme thing across the pond.