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Originally Posted by Nautilus
Maybe, but I still do not see it where the problem could be. If a client stopped paying to their host, they're no longer entitled to recieve a service. What's stopping a host from wiping their servers clean and putting them on sale again? US gov also said at first that they do not care for MU data because they have more than enough already to use as evidence. It was Carpathia who kept stirring up shit and only made things worse for them - they kept themselves in focus of attention and finally because of being constantly reminded US gov had a second thought on those data, and told Carpathia to keep them and foot the bill.
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I suggest you go read up on the Federal Stored Communications Act. The Federal Stored Communications Act provides immunity for actions taken to preserve evidence in response to a request from a representative of the United States. Furthermore, failing to take all necessary steps to preserve records and other evidence, after receiving a request from a government entity, would be a violation of federal law.
[a] provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process. § 2703(f)
It also says we must maintain the data/backu of the data for 90 days then.. Id. § 2703(f)(2). The requesting government entity may ask for a 90-day extension, making the retention period a total of one hundred, eighty (180) days. Id.
However there are fine lines of who owns the hardware and who does not and how it is handled by the law.
There are a lot more issues out there than DMCA, people seem to not realize the other issues out there that screw customers over.