When you can't eat enough

[Edinetz]

Yes you can take a ip/hostname to court and then force telkom to provide the user who access it information.

An ip/address is not a juristic person you cannot take it to court. You first need to identify the person/company/entity (promotion of access to information act/police) and then file with the court. Who says Telkom can provide you with the information?

 

[Clipse]

Edinetz believe what you want, I know of a personal friend who has been logged by a certain proxy and then contacted. How they did it is beyond me, Im sure telkom would not help with information.

 

[JayT]

An ip/address is not a juristic person you cannot take it to court.

An IP is unique at the time of it being used and therefore can easily be traced. Obviously using a zombie machine to act as a proxy to bounce you to another machine etc is a lot more difficult to track. As the IP would belong to the ISP. The ISP could be sued in order to get the personal data, or an initial law suit could be opened again an "unknown" person or even an IP if they wanted to. With this they can force the ISP to hand over the details.

A classic example is:
"Apple sues unknown individual for product information leaks"
http://www.cdfreaks.com/news2.php?ID=11084

 

[Edinetz]

Clipse,

what you are saying is right. I am just pointing out that you ned to identify the person first (ways and means of doing this) before you can take any action (court etc). My last comment should have been clearer - you can't assume Telkom - the IP could belong to the customer of any number of ISP's. In that case Telkom is of no help to you.

 

[JayT]

I am just pointing out that you ned to identify the person first (ways and means of doing this) before you can take any action (court etc).

You dont need to identify the person.

This is an extract from the Apple case:
"The complaint alleges that "an unidentified individual, acting alone or in concert with others, has recently misappropriated and disseminated through Web sites confidential information about an unreleased Apple product."Apple said in the seven-page civil complaint, filed on Dec. 13, that it did not know the "true names or capacities, whether individual, associate, corporate or otherwise," of the defendants. Once they have been discovered, the Cupertino, Calif.-based company said it would amend the complaint."

 

[JayT]

Btw, Apple won the right to gain access to the information from the websites who published the information.

http://www.theregister.co.uk/2005/03/12/apple_reveal_sources/

"Apple won the green light to subpoena amateur publishers for their confidential sources, a Californian Judge ruled today. Apple Computer, which wants to discover who leaked product information to three web sites, can now proceed with its subpoena against one of the ISPs hosting two of the websites, Santa Clara county court Judge James Kleinberg has ruled, as well as the websites themselves."

 

[bb_matt]

http://www.internet.org.za/ect_act.html

Check out sections 80 onwards, specifically :-

85.
In this Chapter, unless the context indicates otherwise—
* "access" includes the actions of a person who, after taking note of any data, becomes aware of the fact that he or she is not authorised to access that data and still continues to access that data.

Technically speaking, using a proxy server without permission is accessing data.

However, I'm not sure how far the law goes in terms of negligence on the part of a company that has an open proxy. It may be that unless they have specific Terms and Conditions accessible by the public, there would be nothing they could do about it.

The "Electronic Communications and Transactions Act" isn't 100% clear on this issue, but I don't know about you, I'd rather not test it thanks very much !

 

[mancombseepgood]

Lol

Using a proxy without permission reminds me of taking a shortcut through private property... I've been chased off or had to run from the dog doing that before... but so far so good - no criminal record...

Not to say I think you should use the proxy... but I would have thought that wifilogon.mweb was a public proxy...

 

[Clipse]

First of all, alot if not all open proxies gets detected with scanners which is allready an illegal activity. Network scanning is illegal and is noted all over the web.

So the root of the open proxy lists, is illegal

 

[Celemasiko]

I would rather say refrain from using proxy, to me its illegal...