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Cyber Security - the Laws that Govern Incident Response - page 24 / 38

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3g.Disclosing Stored Communications and Documents

Change under Homeland Security Act:

Provider has “good faith” belief that an emergency involving immediate danger of death or serious physical injury requires disclosure (may disclose to a governmental entity)

previously, the standard was “reasonable” (as opposed to “good faith”), which potentially allowed courts to second guess an ISP’s reasonableness

previously an ISP could only disclose to law enforcement agencies; now they can disclose to any government entity

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