For PeopleBrowser this is going to be an expensive lesson on the cost of failing to plan ahead. Reliance on supply on the basis of generalized statements re: future conduct on part of a supplier is a really bad strategy. That being said, other options are available to PB but I do not see the necessary basis in the current paperwork. Looks like Twitter just added to its retail analytics business. Thanks PB
Excellent idea. And you are quite right about the use of the "intent" language to interpret legislation. While not controlling overall it is deemed at least "persuasive" evidence of the intent of congress in passing a particular piece of legislation and it is given a degree of deference that perhaps it does not merit if the true source were known. Or course, I am somewhat biased against some politicians (affiliation does not matter). I would not dare insult cockroaches by comparing them to politicians.
Check and balances. Our government is based on this basic principle. Extraordinary measures, such as the suspension of Habeaus Corpus, are generally reserved for times of war. Unfortunately ever since VietNam our spinless congress has allowed this country to participate in wars which are really not "wars." To declare war requires an Act of Congress. As long as Congress does not do so, the Executive Power gets out of balance and the use and abuse of it goes unchecked. NSL's are but a manifestation of the problem and it results in a Star Chamber form of justice which the Framers (Constitution) were attempting to address. "Power corrups, absolute Power corrupts absolutly".
Interesting position to take: If a provider is taking specific steps to block spam by a specific company (assume id can be esblished) and that specific company continues to issue modifications to its software spcifically to get around the block, what is the effect of the DMCA. Like I always tell my clients, you can sue for whatever you want, proving it, on the other hand, is the hard part. Going to have to read this suit. Interesting observations by some of the comments here.