Chevron Granted Sweeping Subpoena of Critics’ Internet Data |
By: DSWright Friday July 12, 2013 A federal judge has granted Chevron a broad and sweeping subpoena for data related to the $18.2 billion judgment against Chevron in Ecuador. The subpoena is trying to gain information on journalists and activists who may have been critical of Chevron. |
Can you say overreach? The Electronic Frontier Foundation represented the accountholders and fought the subpoenas in courts in California and New York on First Amendment grounds – to no avail. The judge was seemingly determined to see it Chevron’s way.After more than eight months of silence, U.S. District Court Judge Lewis Kaplan recently issued a long-awaited decision on the enforceability of a subpoena served by Chevron on Microsoft in connection with Chevron’s lawsuit claiming that it has been the victim of a conspiracy in the $18.2 billion judgment against it for massive environmental contamination in Ecuador. But Kaplan’s decision begs more questions than it answers.The sweeping subpoena was one of three issued to Google, Yahoo! and Microsoft, demanding IP usage records and identity information for the holders of more than 100 email accounts, including environmental activists, journalists and attorneys. Chevron’s subpoena sought personal information about every account holder and the IP addresses associated with every login to each account over a nine-year period.
Talk about a sweeping precedent. If you can not demonstrate your citizenship, you can not be protected by the Constitution. That would essentially kill anonymous posting on the internet.Kaplan’s decision upheld Chevron’s sweeping subpoena with an argument that is as breathtaking as the subpoena itself. According to Judge Kaplan, none of the accountholders could benefit from First Amendment protections since the accountholders had “not shown that they were U.S. citizens.” Now, let’s break this down. The account-holders in this case were proceeding anonymously, which the First Amendment permits. Because of this, Judge Kaplan was provided with no information about the account holders’ residency or places of birth. It is somewhat amazing then, that Judge Kaplan assumed that the account holders were not U.S. citizens. As far as I know, a judge has never before made this assumption when presented with a First Amendment claim. We have to ask then: on what basis did Judge Kaplan reach out and make this assumption?
This case, along with the NSA’s vacuuming up of everyone’s private information, demonstrates that there needs to be some sort of cultural awakening to both the value of data and the rights people already have (let alone should have) in protecting it.
http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202472980095&pStyle=decision&hbxlogin=1&slreturn=20130612143450
http://www.digplanet.com/wiki/Lewis_A._Kaplan
http://abcnews.go.com/Health/baby-dies-herpes-virus-ritual-circumcision-nyc-orthodox/story?id=15888618#.UViMb1dc1jx
http://www.timesofisrael.com/ny-warning-on-circumcision-rite-is-upheld/ >>New York BAR #1064252: NAOMI REICE BUCHWALD, U S DISTRICT JUDGE, US COURT HOUSE, 500 PEARL ST, NEW YORK, NY 10007-1316, (212) 805-0194, Year Admitted in NY: 1968, Law School: COLUMBIA
http://theartof12.blogspot.com/2013/04/metzitzah-bpeh-update-april-2-2013-baby.html
[SIDEBAR: WHEN THE HUMAN BEING HAS BEEN-IS DAMAGED, AS EG ~ THE TRIBE OF 'JEW', IE PRACTICE FOR MORE THAN FIVE (5) THOUSAND YEARS, MUTILATION OF THE MALE ~ THEN THERE'S A SYSTEMATIC 'SYSTEMIC' 'DISCONNECT', WITH THE BOND IN OUR OWN 'SPECIES': MODERN SCIENCE MRI PROVES THIS TO BE TRUE, AN APARTHEID IN THE HEAD ('SPLITTING THE HOOD').
MONSTERS MAKE MONSTERS VIA TAKING INNOCENCE AND PREYING UPON THIS PURITY AND CONTAMINATING THE BRAIN / MIND-BODY-SPIRIT. AND THEN MONSTERS MAKE THE REALITY IN EARTH A WORLD OF MONSTERS THAT COMMIT MONSTER ACTS DUE TO CRIMINALLY INSANE 'BELIEFS'.
IN PRACTICES OF ANTIQUITY, IN THE EAST, SEX IS CONSIDERED ONE OF THE HIGHEST EXCHANGING-TRADING SUBTLE ENERGY TRANSFORMATION 'ALCHEMY' OF YIN-YANG. FORGET ABOUT ALL THE 'BENDING OF GENDERS' THAT HAS CAUSED A SERIOUS DISCONNECT IN DEFINING FIRST, OUR 'REALITY' IN PHYSICS-NATURE 'WHAT SEX'? ] to be con't
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