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Vonage Vonage wasn't asked for any customer info by NSA.
NSA only asked the traditional
Vonage wasn't asked for any customer info by NSA.
NSA only asked the traditional telcos.
Good to know however that in light of what happened Vonage has come out saying they won't give without court order.
These telcos who turned over their customer phone records to NSA will be facing class action lawsuits.
For every 1 million Americans whose records were turned over to NSA, the telcos could be liable for $1 billion in penalties, plus attorneys fees.
It violates the Stored Communications Act. The Stored Communications Act, Section 2703(c), provides exactly five exceptions that would permit a phone company to disclose to the government the list of calls to or from a subscriber: (i) a warrant; (ii) a court order; (iii) the customer’s consent; (iv) for telemarketing enforcement; or (v) by “administrative subpoena.” The first four clearly don’t apply. As for administrative subpoenas, where a government agency asks for records without court approval, there is a simple answer – the NSA has no administrative subpoena authority, and it is the NSA that reportedly got the phone records.
The penalty for violating the Stored Communications Act is $1000 per individual violation. Section 2707 of the Stored Communications Act gives a private right of action to any telephone customer “aggrieved by any violation.” If the phone company acted with a “knowing or intentional state of mind,” then the customer wins actual harm, attorney’s fees, and “in no case shall a person entitled to recover receive less than the sum of $1,000.”
(The telcos might say they didn’t “know” they were violating the law. But USA Today reports that Qwest’s lawyers knew about the legal risks, which are bright and clear in the statute book.)
The Foreign Intelligence Surveillance Act doesn’t get the telcos off the hook. According to USA Today, the NSA did not go to the FISA court to get a court order. And Qwest is quoted as saying that the Attorney General would not certify that the request was lawful under FISA. So FISA provides no defense for the phone companies, either.
The phone companies at risk for at least $1,000 per person whose records they disclosed without a court order.
If you have a class action involving 10 million Americans, that’s 10 million times $1,000 — that’s 10 Billion .
Read The Full Thread: Did Vonage give NSA our phone records?
• Happy Vonage customer here.
Did Vonage hand over my phone records to the NSA
• You should check out today's Forum Digest in which we learn Vonage will not give
• Why is it a scandal? and who would you go to anyway?
• Been wondering if this was going to pop up here.
Glad to see the answer in the
• Good for Vonage for taking a stand on this matter. There is a right way and a wrong
• Kudos to Vonage for not releasing this information.
Keep in mind that some
• Who gives a crap, anyway. If NSA wants to listen to my wife talk to her mother 800,000
• Godwin's Law in 8 posts. That's got to be some kind of Vonage-Forum.com record.
• Because the next step is to arrest you for calling someone "they" don't like or
• If you're not doing anything illegal, why worry? Something to hide? :-D
oz_80 posted "Vonage wasn't asked for any customer info by NSA.
NSA only asked the traditional" on 05/15/2006 |
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