Free Declaration in Support - District Court of California - California

Case 3:07-cv-05026-MHP

Document 15-3

Filed 12/14/2007

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Gill Sperlein
From: Sent: To: Goldberg, Craig [[email protected]] Tuesday, December 11, 2007 2:43 PM Gill Sperlein

Subject: RE: Io Group v. Gonzales - subpoenas Dear Mr. Sperlein, The high-speed data service that we provide uses a cable modem and the facilities that we also use to provide cable television service. Cable customers have unique privacy rights under the federal cable privacy statute, 47 U.S.C. 551. To the extent these rights also apply to our high-speed data service, we can only disclose identifying customer information if it falls within one of the enumerated exceptions in section (c) of the statute. The exception that applies to thirdparty civil actions is subsection (c)(2)(B), which requires a court order before disclosure. Please accept this and our earlier letter as our objections to the subpoena that was served on us as we believe Congress expressed the clear requirement of a court order and, as demonstrated in the federal Electronic Communications Privacy Act, 18 U.S.C. 2703, it understood that subpoenas are legal process that are distinct from a court order. We further do not think a court order directed to the parties allowing for expedited discovery is the type of court order directed at a third-party cable operator that Congress envisioned. We appreciate that the cable privacy statute is unique and that it imposes heightened responsibilities on parties seeking information in a civil matter. We also understand that this dispute is ultimately between your client and our customer. If a court order is issued, we request that we be allowed 14 days from notice to us before we need to respond so that we can provide notice to the real party in interest. Please let us know what happens. Very truly yours, Craig Craig Goldberg Chief Privacy Officer and Assistant Chief Counsel, Litigation Time Warner Cable 290 Harbor Drive Stamford, CT 06902 203-328-0664 From: Gill Sperlein [mailto:[email protected]] Sent: Tuesday, December 11, 2007 12:53 PM To: Goldberg, Craig Cc: Keith Webb Subject: Io Group v. Gonzales - subpoenas Craig - please see the attached letter in PDF format which I also faxed to your office. Thanks. Gill

GILL SPERLEIN

12/14/2007

Case 3:07-cv-05026-MHP GENERAL COUNSEL, TITAN MEDIA

Document 15-3

Filed 12/14/2007

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12/14/2007