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Comment by djoldman | Hacker News Reader

But what is the recourse if IAPs in the 9th district ignore the decision and continue to divulge subscriber information?

I assume subscribers must sue the IAP.

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I think the ruling is that they are not required to, but it does not say they are forbidden to.

Assuming their TOS says they reserve the right to share such information in response to subpoenas / their whims, I'm not sure there would be much recourse unless there's some law forbidding this.

Contact your state attorney general is also an option.

And demand what, exactly? And under what law?

AG oversees utilities and are granted regulatory powers because they are effectively monopolies.

Explain clearly and reasonably your claim and you will likely see action and response.

AGs can only enforce laws and regulations that are on the books. Being a monopoly doesn’t give AGs some sort of arbitrary control over them. So which law or regulation would they enforce, exactly? It might help if you cited a specific code that says they cannot divulge subscriber information.

Usually they would go after them for deceptive business practices due to violating their own privacy policy.

If they violated their own policy, sure. But not every disclosure of customer information is prohibited by policy. The policy should be clear as to what the holder may do and what they won't.

I don't think there is any law in the US that ISPs can't give away or sell your data if they want to.

Would have to read thru Tittle II of the communications act and see what portions they are under. Title I is POTs and Title II is ISPs and Cellphone providers. Title I tends to be much more strict.

Remember that under the last reign of the current present, information services were removed from Title II regulation. Biden did vote to restore the net neutrality status last year but that was challenged in court and never went into effect. It was ultimately overturned in January and we're left without net neutrality protections.

Several states have privacy laws limiting or requiring disclosure of how their data is used.

If I understand correctly the FTC only prevents companies from selling your data when they've told you they won't.

Electronic communications privacy act, to start.

How does that apply? In this case the companies sending subpoenas are saying "who was using IP address w.x.y.z at 10:15am on June 15?". How would ECPA apply, since IIRC, it covers requirements for law enforcement to collect data from telecoms?

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