The closing commentary is the key: it's not like TWC cares about subscribers, but it wants to protect itself from being arbitrarily overworked for no obvious reasons.
Then they should be allowed to charge that amount (or, say, rounded to $50 per case) to the people who request it, no matter who it is. If it's the Justice Department, then it should come from their budget, law enforcement is not the responsibility of individual companies, unless it's them that are being accused.
I think spam is the appropriate metaphor for modern legalistic bullying. It's obvious that the cost of initiating a legal battle is rather small, vastly disproportional to the cost of defending oneself against the hostilities. The asymmetry practically encourages such absurdities as seen here. And, it produces the same broadcast vs. conversation pattern.
The problem is that finding a way to increase the cost of initiating legal kungfu would be from the start itself subject to a crippling ambush.
I don't think bartl's suggestion would quite work, precisely because the ROI is so heavily tilted: lawyers will simply find some way of mitigating it.
I really hope they succeed. But I question why it costs an average of $45 to figure out what subscriber a given IP address was assigned to at a given time. In principle that is a question whose answer should be automatable. And once automated, it should cost much, much less than that.
I assume it's a bullshit number conjured up from nowhere, whose purpose is to show that each lookup actually costs time and money and resources, and if you multiply the number of requested lookups by this number, you get a really large number, that it is then unreasonable that Comcast should pay.
In a similar vein, outside organizations can poll our University with what's called an "Open Records Request." (Kansas Open Records Act - http://www.dol.ks.gov/es/html/kora_drh.html) Any data that's not protected under some law (HIPAA, FERPA) or record policy can be released.
We receive many requests for data with only one full time staff in the position to provide the information. To mitigate such requests coming in we have a similar paywall to TWCs - 50$/hr involved. We also require that the request be submitted in writing. Typically there's a handful of hoops to jump through with one of the university's general council, signing various forms and getting information to the right people. The paywall combined with the have-to-talk-to-a-lawyer before any requests are resolved dropped the number from a few dozen to one or two a month.
Looking up does not add to TWC's bottom line. So there's no incentive to put effort into automating. It would be wasting shareholder money. It probably makes more sense to do it manually and bill the $45 to the legal case.
"TWC has a six-month retention period for its IP lookup logs, and by the time TWC could turn to law enforcement requests, many of these requests could not be answered."
That's an interesting piece of information. If TW can delay things long enough, all the evidence will be gone.
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[ 3.5 ms ] story [ 59.1 ms ] threadThis should be a fun case to watch.
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Then they should be allowed to charge that amount (or, say, rounded to $50 per case) to the people who request it, no matter who it is. If it's the Justice Department, then it should come from their budget, law enforcement is not the responsibility of individual companies, unless it's them that are being accused.
The problem is that finding a way to increase the cost of initiating legal kungfu would be from the start itself subject to a crippling ambush.
I don't think bartl's suggestion would quite work, precisely because the ROI is so heavily tilted: lawyers will simply find some way of mitigating it.
If it takes a couple of hours to review the paperwork, access the logs, verify the results and write a report then $45 looks pretty cheap.
We receive many requests for data with only one full time staff in the position to provide the information. To mitigate such requests coming in we have a similar paywall to TWCs - 50$/hr involved. We also require that the request be submitted in writing. Typically there's a handful of hoops to jump through with one of the university's general council, signing various forms and getting information to the right people. The paywall combined with the have-to-talk-to-a-lawyer before any requests are resolved dropped the number from a few dozen to one or two a month.
That's an interesting piece of information. If TW can delay things long enough, all the evidence will be gone.