Should I Require a Court Order to Reveal Info?

[npcomplete]

Should I require a court order to reveal info on domains I own/operate? Over the years I have been asked for information on domains by the FBI, Sheriffs, Police, etc., and have always routinely volunteered the information without asking for a court order. I know NP has the world's greatest legal minds in the domain world, so am I being a complete moron by volunteering information to police about domains, customers, and fake users of my domains?

Overall I have found that they are *extremely* appreciative of the help. As mentioned in another thread, a few minutes for some of us can mean a lot to an underfunded investigation. I have always made an effort to make sure it is somebody from the Sheriffs, Police, FBI, etc. I usually require confirmation from somebody else in government, etc., but I always generally cooperate without a court order.

The obvious argument against is privacy etc., while the argument for is the cooperation with a police, sheriff, or FBI investigation. Should I require a court order when the police come knocking... even though I like police... and like liberty too? I like to help catch the bad guys, but I also like not getting sued...

Edit: I do discuss getting a court order with them before I say "nah, never mind, here is some interesting info..."

Marc

 

[Mike]

This is by far not a legally valid comment of any sort, but my personal opinion of the subject.

If you have verified the ID of the person requesting the information and can say with certainty that the individual is a representative of a government organization, i'd comply and help them as much as i possibly can.

The flip side, if information is asked that could possibly implicate you as a contributor to some wrong doing, i'd require a court order to be served before i "volunteer" information.

Again, this is really :imho: . I'm sure that >>JBerryhill<<, labrocca and DNQ have a legally more valid statement to make.
M.

 

[npcomplete]

This is by far not a legally valid comment of any sort, but my personal opinion of the subject.

If you have verified the ID of the person requesting the information and can say with certainty that the individual is a representative of a government organization, i'd comply and help them as much as i possibly can.

The flip side, if information is asked that could possibly implicate you as a contributor to some wrong doing, i'd require a court order to be served before i "volunteer" information.

Again, this is really :imho: . I'm sure that >>JBerryhill<<, labrocca and DNQ have a legally more valid statement to make.
M.

I do help as much as I can, and there is never anything involving me other than being the owner of the domain, or operator and provider of services for the domain. Usually it is about either a user of email etc, or a "fake user", like somebody posting that they represent one of my domains and then committing fraudulent acts.

Marc

 

[DNQuest.com]

ok, I have to ask, why are so many different policing entities coming after you?

 

[gramma]

ok, I have to ask, why are so many different policing entities coming after you?

I was wondering the same thing

 

[npcomplete]

ok, I have to ask, why are so many different policing entities coming after you?

I have been domaining since 1996. No contacts in the last year, but over the years I have been contacted by various agencies. I usually try to help, but I was wondering if there is liability on my part when a representative of the law asks for information without a court order. They always offer to provide one.

Marc

 

[labrocca]

ok, I have to ask, why are so many different policing entities coming after you?

I was wondering this as well. I have yet in all my year had a contact by authorities for information.

Also make sure you have a solid privacy rights policy. Giving up the information imho might open you to a lawsuit from someone being investigated. Just cover yer butt at all times.

 

[Diabro]

I would ask an attorney.

Remember the Police are not looking after your interest when they contact you. They may not be looking to prosecute you but they have their own interests which may be counter to yours.

 

[Peter]

I agree with Diabro you should really ask an attorney. What you should do really depends on the laws in your country. You could for instance be breaking confidentiality laws by divulging the information without a court order.

The reason a court order would get around such laws is that the law enforcement agency in question would have to provide a reason why they require the information to the judge in the courts who would have to agree the need of the information.

If however you are not breaking such laws then I personally would cooperate.

 

[zhalefarin]

If they didn't read you your rights then they can't prosecute you on it anyhow... right? It seems even if they could blame you for some odd reason (because of what someone did on your site) the evidence they found would have to thrown out. This is a completely unprofessional opinion, however. Even if someone says they are an expert on this site I would definitely seek real legal council if you are worried.

 

[gazzip]

I have been domaining since 1996. No contacts in the last year, but over the years I have been contacted by various agencies. I usually try to help, but I was wondering if there is liability on my part when a representative of the law asks for information without a court order. They always offer to provide one.

Marc

I would ask for a court order, at least that way you would "probably" be more protected from any further problems, liability etc

If, as you said - they always offer to provide one, there's probably a very good reason for them to do so.

Not a legal statement, just my opinion


.

 

[Dave_Z]

Y M M V.

 

[DNQuest.com]

Y M C A

 

[Diabro]

If they didn't read you your rights then they can't prosecute you on it anyhow... right? It seems even if they could blame you for some odd reason (because of what someone did on your site) the evidence they found would have to thrown out. This is a completely unprofessional opinion, however. Even if someone says they are an expert on this site I would definitely seek real legal council if you are worried.

I do not think they have to read you your rights. If they ask to search you and you say OK and they find a pound of cocaine they can certainly charge you without having read you your rights.

You gave them permission to search you, which you did not have to do.

 

[gazzip]

Y M M V.

What does that mean ? You Make Me Vomit ??

Its not in the NP Acronym guide http://www.namepros.com/domain-newbies/141510-np-acronyms-and-what-they-mean.html


.

 

[Diabro]

What does that mean ? You Make Me Vomit ??

Its not in the NP Acronym guide http://www.namepros.com/domain-newbies/141510-np-acronyms-and-what-they-mean.html


.

Your Mileage May Vary

 

[CyberLaw.pro]

The answer to the OP's question is: "it depends."

There are so many different levels of investigative powers granted to various agencies, that the answer may change from time to time.

GENERALLY, you're usually not obligated to turn over information without a court order or subpoena. REALISTICALLY, particularly when you have nothing to hide, it's just better to provide information to keep the agencies from spending more time and effort looking at your affairs.

If you get real defensive about sharing information, it usually motivates agencies to take a harder look at you. Even if no problems, its probably not worth the hassle.

 

[npcomplete]

The answer to the OP's question is: "it depends."

There are so many different levels of investigative powers granted to various agencies, that the answer may change from time to time.

GENERALLY, you're usually not obligated to turn over information without a court order or subpoena. REALISTICALLY, particularly when you have nothing to hide, it's just better to provide information to keep the agencies from spending more time and effort looking at your affairs.

If you get real defensive about sharing information, it usually motivates agencies to take a harder look at you. Even if no problems, its probably not worth the hassle.

I have always made an effort to cooperate. This is a common problem with people that provide services. Even when there are no services I have had contacts from agencies interested in what others are doing (or pretending to do) with my domains. A sheriff once mentioned that "people like me" tend to ask for court orders to protect themselves... even if they are willing to help.

My TOS state that I cooperate with authorities, and that I sometimes volunteer information when there is a reasonable expectation of illegal activity. I suppose in this litigious world I may be too helpful...

Marc

 

[Diabro]

I have always made an effort to cooperate. This is a common problem with people that provide services. Even when there are no services I have had contacts from agencies interested in what others are doing (or pretending to do) with my domains. A sheriff once mentioned that "people like me" tend to ask for court orders to protect themselves... even if they are willing to help.

My TOS state that I cooperate with authorities, and that I sometimes volunteer information when there is a reasonable expectation of illegal activity. I suppose in this litigious world I may be too helpful...

Marc

I think it COULD open you up to litigation. :imho:

 

[Dave_Z]

I think it COULD open you up to litigation. :imho:

It could open up litigation one way or the other, actually. That and CyberLaw's
post are 2 reasons why I said YMMV.