Rather than debate the issues raised head on, The resident sock puppet at one foreign hosted blog runs away from them by blogging false and misleading information.

I thought the “dowser” comment rather telling as the blog clearly illustrated how it is that the plaintiff atty in the Ohio lawsuit may well be able to obtain the necessary information against the defendants in the lawsuit. It may also help if the sock puppet read up on the laws regarding data preservation in place by the US government:

One law that applies is this one:

” The Sarbanes-Oxley Act states that all business records, including electronic records and electronic messages, must be saved for “not less than five years.” The consequences for non-compliance are fines, imprisonment, or both. IT departments are increasingly faced with the challenge of creating and maintaining a corporate records archive in a cost-effective fashion that satisfies the requirements put forth by the legislation.”

Under the US Patriot act web hosts and ISP providers are required to retain data that would allow the appropriate legal authorities (both civil and criminal) to obtain the identities of IP address holders upon appropriate orders of a court.

 

There is at least one example of what can be obtained by a plaintiff in a civil case action from an ISP:

The European Union has also adopted a data retention policy:

On March 15, 2006, the European Parliament issued Directive 2006/24/EC (.pdf), outlining a new program that would require internet service providers (ISPs) and telecommunications carriers to begin retaining comprehensive records of customer communications.  Specifically, the Directive required member states to ensure that a range of communications data be retained by service providers, including:

  1. The names, addresses, telephone numbers, Internet Protocol (IP) addresses and user IDs involved in Internet access, email and Internet telephony services;

  2. The date and time of the start and end of communications;

  3. The telephone numbers involved during a telephone call and the registered owners’ names and addresses;

  4. Information allowing the identification of mobile phones used to make telephone calls and their geographic location when used to make calls.

    One example of how information can be obtained from the ISP, the IP logs of any blog that exists on that host’s server can be found in the articles of this blog where screenshots were made of those IP’s that logged into that blog.

    http://stinkypamper.blogspot.com/2012/11/prinniedidit-may-want-to-call-her-isp.html

    In the Lawsuit against Alexandra Goddard, the Judge has ordered that the Host of her blog at the time of the incidents mentioned in the brief to the court must  be preserved for at least six months. As noted by the Plaintiff atty, if access is granted to this information, it would then be a simple matter of obtaining the ip addresses and thus obtain more specific information from the ISP provider of each defendant in the lawsuit.

    One might want to remember the case of Melinda Duckett who was charged with internet crimes related to her setting up an impersonator account in an effort to thwart efforts of her ex-husband in a child custody dispute.

    Law enforcement was able to track the ownership of the Myspace.com account to Melinda Duckett’s home computer through her ip address.

    If and when the court decides to allow the information to be passed on to the Plaintiff, it will not be that hard for the atty’s investigators to determine who was behind each username on that blog.

    This is why the defendant’s attys are fighting hard to keep this information from being released. They understand that once this information is released to the Plaintiff atty, determining the identities of the other defendants will be a simple matter.

    Stay Tuned

    MURT

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