Tweet
As Skyhawk says, businesses will typically have static IPs (not always, but commonly) so perhaps you can build a credible case off that.
As I understand it, you're saying this:
And you want to prove company A is guilty of sharing this information improperly by comparing the IP addresses recorded by company B. Is that correct? Please answer this so I know my assumption is accurate.
Finally, you have an additional option that can be pursued alongside the legal channel or in lieu of it. Setup a simple sting operation. Create a set of clean virtual identities (i.e. names, email addresses, virtual phone numbers), then submit these only to the site you're trying to catch in the act. Make sure they don't get used anywhere else on the web at all, and be sure to not reuse them more than once - you want to keep this data clean. So you submit this fake virtual identity to company A and when B calls you with it you can argue it proves the alleged sharing is taking place. Your claim is strengthened by multiple counts with multiple fake, clean identities used.
Take care to browse the ToS/PP on the site you're submitting them first. Spammers are pretty stupid so it's unlikely they have taken the legal steps to protect their sharing or prevent your false submissions, but you'd be wise to ensure that before trying to ensnare them in this fashion.
Good luck!
PS: my consulting fee if you found this information successfully useful is a $100 donation to Calguns.
As I understand it, you're saying this:
- consumer submits info to company A
- consumer IP address recorded by company A
- company A submits info to company B
- company A IP address recorded by company B
And you want to prove company A is guilty of sharing this information improperly by comparing the IP addresses recorded by company B. Is that correct? Please answer this so I know my assumption is accurate.
If so, you could subpoena company B's internal records on submissions because they have internal data on which IP addresses submitted that information. The problem with this is such telemarketers are unlikely to be scrupulous; they may obfuscate data or otherwise render their response to your subpoena inaccurate. However, it may still be a worthwhile step because it could surface attempted obstruction.
You could also ascertain the webhost for company B's submission page (that A uses to submit the data). Sometimes these are locally hosted on their own servers, but it would be more common that they are using some commercial webhost. In this case you could subpoena B's webhost for IP traffic logs related to only their specific customer (company B). As a disinterested third party there would be little risk of an improper response. Be careful to limit your subpoena request in scope. If you ask for too much it will be casting too wide a net and the webhost will likely prevail in defeating your subpoena on privacy interests for their other customers.
If you're going to go down this route, you may as well subpoena company A for their internal records too. Even if both A & B taint their data in response, you could compare it with the webhost logs and potentially prove criminal intent to obstruct.
You could also ascertain the webhost for company B's submission page (that A uses to submit the data). Sometimes these are locally hosted on their own servers, but it would be more common that they are using some commercial webhost. In this case you could subpoena B's webhost for IP traffic logs related to only their specific customer (company B). As a disinterested third party there would be little risk of an improper response. Be careful to limit your subpoena request in scope. If you ask for too much it will be casting too wide a net and the webhost will likely prevail in defeating your subpoena on privacy interests for their other customers.
If you're going to go down this route, you may as well subpoena company A for their internal records too. Even if both A & B taint their data in response, you could compare it with the webhost logs and potentially prove criminal intent to obstruct.
Finally, you have an additional option that can be pursued alongside the legal channel or in lieu of it. Setup a simple sting operation. Create a set of clean virtual identities (i.e. names, email addresses, virtual phone numbers), then submit these only to the site you're trying to catch in the act. Make sure they don't get used anywhere else on the web at all, and be sure to not reuse them more than once - you want to keep this data clean. So you submit this fake virtual identity to company A and when B calls you with it you can argue it proves the alleged sharing is taking place. Your claim is strengthened by multiple counts with multiple fake, clean identities used.
Take care to browse the ToS/PP on the site you're submitting them first. Spammers are pretty stupid so it's unlikely they have taken the legal steps to protect their sharing or prevent your false submissions, but you'd be wise to ensure that before trying to ensnare them in this fashion.
Good luck!
PS: my consulting fee if you found this information successfully useful is a $100 donation to Calguns.
Comment