[geeks] The DEA and warrant weirdness

[Jonathan C. Patschke]

On Wed, 10 Jul 2002, Kirby Menzel wrote:

> Here are my questions:  What responsibility do I now have toward the
> client?

You're not an ISP--just a web-hoster, so I don't know if you qualify for
"common-carrier" protection status.

> How, from an admin and business-owner standpoint, do I keep ourselves
> out of trouble while our client gets busted?

You need an attorney.  No two ways about this.

> Are we in any way liable?

This is where it gets dirty.  We had something like this pop up at
$previousOrk.  We weren't liable because we had a policy that stated we
didn't screen or monitor any content or traffic on our network until after
a complaint has been made.  Once you start filtering/monitoring content
and/or traffic, it's assumed that anything that remains has your
permission.

This is the "common-carrier" protection status I mentioned.  It's why
AOL can have customers that trade child porn and warez without AOL getting
in trouble, so long as AOL fully cooperates with law enforcement when an
official complaint has been made.

> Can the client sue us later for cooperating with the DEA?

This is where the lawyer comes in.  You don't -have- to give up any
information without a subpoena or allow and search/seizure of your
properlty or premises without a warrant.  However, you'll want an attorney
on your side to help you negotiate so that your equipment doesn't wind up
in a police department locker for the next N months.

As far as the client suing you, I don't think so, especially if they're
guilty.  If you want, I can drop by today and give the suspected servers a
thorough investigation to see if I can find out what they're pissed-off
about (and, thus, tell you what your situation is).

> If anyone out there has had some experience with something similar, please
> enlighten me...  In the years of been doing this work, I've never had to
> deal with a law enforcement agency (except as a client. :)

Just remember:  you didn't commit the offense.  You're not the bad guy.
Show them some respect, but don't let them push you around.  So long as
you're not an ass about it, they'll give you only minimal trouble.

That being said...maybe I should come pick up my server.  I don't want my
Indigo2 locked up. :(

--Jonathan