Fwd: Judge Orders Google to Deactivate Account
Interesting debate on this issue..... Brian --Judge Orders Google to Deactivate Account (September 24 & 28, 2009) A US District Court Judge in California has ordered Google to deactivate the Gmail account of a user who was accidentally sent confidential bank information. An employee of Wyoming-based Rocky Mountain Bank sent the data to the account in error; the data include names, Social Security Numbers (SSNs) and loan information of more than 1,300 bank customers. Upon recognizing the mistake, the bank sent another email to the same address, requesting that the recipient destroy the previous email and contact Rocky Mountain Bank. After receiving no reply, the bank asked Google for information about the account holder. Google said that it would not surrender any information without a court order. The judge's order is controversial because it appears to violate the account holder's First Amendment rights. Additionally, deactivating an individual's Gmail account could have far-reaching effects. http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=114264 http://www.theregister.co.uk/2009/09/28/google_rocky_mountain_bank_suit_roll... [Editor's Note (Northcutt): I had to read this, drink a cup of hot tea, and read it again to comprehend how significant this case is. Please take the time to read the story. There are a couple of issues here. One is that the legal system follows technology by some number of years. Looking backward five years, you can sort of see Judge Ware's point of view, "It is just an email account, the person can get another one." Looking forward two or three years, in the words of Charlene Li, "In the future, two pieces of information will identify you, your email address and your mobile phone number". Bottom line, Judge Ware made a bad call.] -- Brian Munyao Longwe e-mail: blongwe@gmail.com cell: + 254 722 518 744 blog : http://zinjlog.blogspot.com meta-blog: http://mashilingi.blogspot.com -- Brian Munyao Longwe e-mail: blongwe@gmail.com cell: + 254 722 518 744 blog : http://zinjlog.blogspot.com meta-blog: http://mashilingi.blogspot.com
I agree with John Morris, "It's outrageous that the bank asked for this, and it's outrageous that the court granted it," says John Morris, general counsel at the Center for Democracy & Technology. who says that, that info is attached to that gmail account and cannot be transfered? so what happens if the person is a malicious person and has copied the info elsewhere? what if the guy thought of it as a spam mail and thats why he never responded? what if.....? what if......? this judge,obvoiusly is not e-conversant....coz closing an email account,does not solve the case. this is very interesting.....and we are yet to see more laughable... judgments. Kind Regards, On Wed, Sep 30, 2009 at 7:13 AM, Brian Munyao Longwe <blongwe@gmail.com>wrote:
Interesting debate on this issue.....
Brian
--Judge Orders Google to Deactivate Account (September 24 & 28, 2009) A US District Court Judge in California has ordered Google to deactivate the Gmail account of a user who was accidentally sent confidential bank information. An employee of Wyoming-based Rocky Mountain Bank sent the data to the account in error; the data include names, Social Security Numbers (SSNs) and loan information of more than 1,300 bank customers. Upon recognizing the mistake, the bank sent another email to the same address, requesting that the recipient destroy the previous email and contact Rocky Mountain Bank. After receiving no reply, the bank asked Google for information about the account holder. Google said that it would not surrender any information without a court order. The judge's order is controversial because it appears to violate the account holder's First Amendment rights. Additionally, deactivating an individual's Gmail account could have far-reaching effects.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=114264
http://www.theregister.co.uk/2009/09/28/google_rocky_mountain_bank_suit_roll... [Editor's Note (Northcutt): I had to read this, drink a cup of hot tea, and read it again to comprehend how significant this case is. Please take the time to read the story. There are a couple of issues here. One is that the legal system follows technology by some number of years. Looking backward five years, you can sort of see Judge Ware's point of view, "It is just an email account, the person can get another one." Looking forward two or three years, in the words of Charlene Li, "In the future, two pieces of information will identify you, your email address and your mobile phone number". Bottom line, Judge Ware made a bad call.]
-- Brian Munyao Longwe e-mail: blongwe@gmail.com cell: + 254 722 518 744 blog : http://zinjlog.blogspot.com meta-blog: http://mashilingi.blogspot.com
-- Brian Munyao Longwe e-mail: blongwe@gmail.com cell: + 254 722 518 744 blog : http://zinjlog.blogspot.com meta-blog: http://mashilingi.blogspot.com
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participants (2)
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Brian Munyao Longwe -
Judy Okite