Re:Hackers gaining power of subpoena via fake “emergency dat...
by otterley on Tuesday March 29, 2022 @05:22PM
(#30848537)
The data is collected by the LEO, not the court. But yes, you can fax it to the law enforcement office, whose number should also be independently verifiable.
[ Parent
| on HN ]
Re:Hackers gaining power of subpoena via fake “emergency dat...
by rosndo on Wednesday March 30, 2022 @12:42AM
(#30851552)
> whose number should also be independently verifiable
This is not a legal requirement. If you fail to comply with a legitimate request because you couldn’t verify the number, you go to jail.
Re:Hackers gaining power of subpoena via fake “emergency dat...
by otterley on Wednesday March 30, 2022 @02:15AM
(#30852005)
Can you point us to an incident where this has ever happened, namely, where a service provider didn't to respond to a demand immediately while they verified its authenticity and someone went to jail for it? Or even got a finger wagged at them by a judge? Third-party records production is almost never time-sensitive to the degree that, say, a warrant to search for drugs or contraband is, and there's little risk of spoliation of evidence.
Re:Hackers gaining power of subpoena via fake “emergency dat...
by rosndo on Wednesday March 30, 2022 @04:16AM
(#30852598)
As the article points out, nobody actually verifies these requests.
So no, I can’t point you to such an incident. Have people been held in contempt for failing to comply fast enough? for sure.
Re:Hackers gaining power of subpoena via fake “emergency dat...
by otterley on Wednesday March 30, 2022 @09:47AM
(#30855167)
You cannot conclude that because someone has been held in contempt for intentionally failing to respond to a records production request because they simply didn’t want to do it, that someone would also be held in contempt for delaying production for a few hours while they make a good-faith attempt to verify the authenticity of a request. Judges take all the facts and circumstances into account—including intent—when making these kinds of decisions, especially those that involve depriving someone of their liberty.