Internet firms help Canadian courts ID authors of controversial email
Filed under: Technology, People, Google
Think you can be anonymous online? Most people simply have no idea how easy it is for law enforcement officials -- and other litigants, like someone suing you -- to gain access to personal email, Google searches, and other online information users think is "theirs." The latest ominous evidence of this fact comes from our friends to the north. A Canadian court has ordered Google (GOOG) to turn over the identities of anonymous Gmail users who had accused York University faculty members of fraud and dishonesty. Like similar cases in the U.S., the York incident shows just how easy it is for courts to allow authorities to gain access to "our" personal information.
When York announced its hiring of Martin Singer in January as the first dean of its new Faculty of Liberal Arts and Professional Studies, the university called the professor a "renowned scholar of Chinese history" and quoted university president Mamdouh Shoukri as saying: "York University is fortunate to have attracted such a strong scholar and administrator."
Shortly thereafter, someone circulated an email from an account belonging to a group called "York Faculty Concerned About the Future of York University" among members of the community accusing Singer of "lying about scholarly credentials" and accusing Shoukri of perpetrating "an outrageous fraud." The anonymous group called for the president's resignation and a new search for a dean, according to Canada's National Post.
University authorities were not amused, and won a court order in May compelling Google to turn over the IP addresses linked to the Gmail account. Google, in turn, identified Bell Canada and Rogers Communications as the internet service providers from which the email originated.
Last month, neither of the ISPs opposed a court order requiring them to turn over the contact information of the persons who used the Gmail account. This past week, Justice George R. Strathy of Ontario Superior Court called the orders a reasonable balance between protecting freedom of speech and protection from libel, according to the paper.
David Noble, whom the Post refers to as "an outspoken professor at York," was outed as one person linked to the account. On Friday, he told the paper that York's legal action was "a fishing expedition" and accused the university of "trying to create a chill among faculty."
Noble maintained that the allegations raised about Singer were legitimate. "They are spending enormous sums, for what?" the Post quotes him as saying. "I think they are just desperate to find out who is involved," adding that his colleagues wanted to remain anonymous because they were "afraid of reprisals."
In response, Will McDowell, York's lawyer, defended the action, saying, "Academics enjoy quite extensive latitude in what they say and what they write and what they research at Canadian universities, but I would say this about any of us: The right of free speech is not unlimited."
"Like all law-abiding companies, we comply with local laws and valid legal process, such as court orders and subpoenas," a Google spokesperson said in a statement to DailyFinance. "At the same time, we have a legal team whose job is to scrutinize these requests and make sure they meet not only the letter but the spirit of the law."
York now has the identities of half a dozen people who allegedly had access to the Gmail account.
American laws governing similar situations differ somewhat from Canadian statutes, but the York case is reminiscent of the recent "Skank blogger" ruling, in which a Manhattan Supreme Court judge ordered Google to turn over the e-mail and IP address of an anonymous blogger who called model Liskula Cohen "the skankiest in NYC."
Writing about the case, my colleague Jeff Bercovici noted that the ruling could force anonymous internet cranks to go to greater lengths to shield their identity. "In trying to make people accountable for the vicious things they write online, that judge is only going to force them to cloak their identities ever more effectively," Bercovici wrote.
Google search queries -- obtained by court-ordered warrants -- have been used in numerous criminal cases, including the recent case of a Florida man who was convicted of murder based on evidence that included his own Google research, which included searching on terms like "trauma, cases, gunshot, right chest."
No matter how many precautions we take to remain private or cloak our identity, the authorities and other potential litigants usually have little difficulty obtaining this content. And they do it not by nefarious mean like hacking, but through our very own court system.
Internet users everywhere would do well to take heed. Your emails -- and maybe even your Google searches -- could be one subpoena away from the prying eyes of federal authorities, not to mention private litigants.
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Reader Comments (Page 1 of 6)
9-12-2009 @ 7:53PM
Realist said...
Odd, there is a suprising lack of comments here - - - think something is waiting to pounce on you???
Reply
9-13-2009 @ 5:31PM
Maddat52 said...
If you look at history and geography you will have to conclude that the Iraq war is more important to the long term safety of America and her allies than Afghanistan. We should put 200,000 more troops in Iraq and detour the advances of the Iranians and the Hezbollah in Lebanon. Our allies need us and we can not allow Iraq to come apart. Look at a map. And yes, think about oil at $400.00. If you listen closely you pick up tidbits that ad up to the end game. Check it out. Stay Sharp!!!
9-14-2009 @ 9:57AM
YUAlumni said...
Can't believe my alma mater actually made the news globally, lol.
Actually I'm quite displeased, as an alumni I may actually call them up and complain about the way they've handled this. It's an extremely hostile gesture to be this litigious as I could see them extending this to students who post unfavorable reviews of professors or the campus or institution itself.
I loved my time there, but York is known well for not handling issues like this properly. There are numerous riots and protests that could have easily been quelled peacefully, but instead they redacted to calling in the police or security for needless violence.
If you read the wikipedia page for York, you'll see that lots of things are being white-washed like prominent incidents involving protests within the main quad (Vari Hall I think it's called). It's even more upsetting not that they're actually requesting such information, but that the Canadian Courts actually granted permission for this. I can't believe Google would so readily give up that information, they should wipe it clean and say they don't have access or something.
Privacy apparently means nothing to Google, with all the resources they have they could have battled or appealed this one.
9-14-2009 @ 2:46PM
Marsha said...
Master Shake, Many programmers were hired during the Bush years to track everything going on on the web, this has been going on for at least 7 years.
Libel isn't protected by the first amendment. My child was bullied when younger, I've always been glad the web wasn't as popular back then. Children and some whacked out parents can make the victims life a nightmare, I'm in favor of prosecution.
9-12-2009 @ 8:29PM
Alfrted Schrader said...
People can say anything about me that they choose.
I'm not going pounce on them like a wuss.
I have a little more respect for myself than that. Alfred Schrader
Reply
9-14-2009 @ 7:07AM
Master Shake said...
This isn't about YOU. This is about setting precedents. In a nation such as the United States where there are already very vague legal definitions for what is a "suspected of supporting terrorism", and legislation that enables you to be arrested and held indefinitely without a trial, having the ability to immediately identify what anyone wrote (even out of context) and act on it, is the modern day equivalent of Soviet Russia's KGB operations. People never think it can happen to them, until it is too late to complain about it without becoming a victim of that system. Try asking yourself why so many other nations DO protect the anonymous standing of online users? Because those nations DO have freedom of speech. America only has the slogan - not the legislation that backs it up. I used to believe in the American propaganda, too. Then I traveled to other nations and saw what freedom REALLY means.
9-14-2009 @ 11:40AM
KRS said...
And if someone questioned your credentials or libeled you otherwise, resulting in another's unfavorable handling of your situation, you would just let this pass? We're not just talking about calling someone a jerk or saying you think they're stupid. This professor had his job threatened. If someone posts threats, do you not think they should be tracked down? As the article states, there's a line between freedom of speech and libel. General rule for posting (and life) is that if you wouldn't say or do something in public, it probably isn't that great an idea. And please use your common sense on that one.
9-12-2009 @ 8:29PM
Bill said...
I am all for freedom of speech, but lately I have been reading some extremely hateful blogs and email on various outlets that go beyond the pale. I fear something horrible is about to happen. Maybe the knowledge that you can be traced if your threats sound viable will put a chill on these folks. It's badly needed. I don't think our beloved internet was ever intended to be such a highway of hate.
Reply
9-13-2009 @ 11:50AM
Gary said...
You are correct Bill I can not believe the hatred and jealousy that Americans have to one another, I fear this country is getting closer and closer to colapsing, A nation divded will surely fall, and all great nations have fallen, we maybe next, we are no long a nation under god, but politicans and greed.
9-13-2009 @ 2:57PM
lyndal said...
The thing is more and more is geting reported and so-called news is on the phony stations such as pmsnbc/nbc/abc etc. They report stuff like that to show supposedly who has the power and you better not call-out or show your first ammendment actions against someone better than you. I have a statement to 90% of the ding-dongs and the #1 liar -BARRY--kiss my but--this is lyndal in Destrehan come see me--traders-unamerican carpetbaggers
9-14-2009 @ 2:55PM
Anthony said...
the hatred that people display on the internet is just a reminder of humanitys true nature. we lie daily and the internet is what a lot of potential serial killers might use as an outlet and just might be the very thing that prevents another death! there are negative sides but ultimately the internet is all about freedom to speak your mind without the vast amount of social restriction that comes with real world encounters. i say that if you dont like what you see on the internet you should just not look at all! its like running for president, you get some friends and enemies. you dont just start saying its illegal to have enemies all because one group of people got their feelings hurt. celebreties should especially expect this kind of stuff to happen and agknowledge the fact that they put themselves in a position to both be loved more than others or hated more than others. its a two way street. some censorship should be used for websites that are of a much higher class although when you see a rude comment coming from a blog that someone posted randomly in a manner similar to scribling in your diary, then you should let them vent and go about your day knowing that you still have your extra friends as well as your foes. if i had the chance of making more friends because i was a celebrety i would take that as well as the enemies that come along with it and just enjoy what i have. im ranting a little myself which is not suprising. i havent writen anything in a while so forgive me if my comment seems poorly presented or anything like that. i hope i got someone to understand at least a portion of my point of view.
9-14-2009 @ 9:32AM
lhgraphics said...
I have no respect for people who don't stand behind their comments. As long as this is done via the court system I have no problem. No self respecting individual would need to worry about this anyway. Only criminals and evil doers need worry about being exposed.
9-12-2009 @ 8:39PM
Marcus said...
If their allegations of credential fraud turn out to be true then the dean and president should be fired with the provison that they not work in any way in academia or publish for 10 years.
Reply
9-12-2009 @ 8:40PM
kirk brooks said...
i guess no comments means beware how big your mouth is.if google is bound to turn over comments and accounts from it's users in this case where will it stop.freedom of speech as we know it will turn into libel and slander lawsuits. i guess this is telling you anyone can pull your comments up and use them against you in a lawsuit.as if they couldn't do it anyway.computers are not a cheap shot artists way of slamming people. if google lets the cat out of the bag who said it.it will be treated like phone records are now. everyone thinks because your running under an alias on the computer you can say and do as you please. think before you open that mouth. big brother is watching and listening to you.
Reply
9-12-2009 @ 9:10PM
Drew said...
It is ironic that so-called bastions of "free speech" - both univerisities and the internet - are actually not. Thsoe with the money will do what they must to stifle any oppostiion to their "party lines" - without regard to wrong or right, or even truth. It actually proved that the less "wired" you are, the hard it is to truly control you or your opinions. However, there are those who oppose our way of life, and this give them yet another bit of ammo against us to encourage others to join their cause against Western Civilization. When we will realize that perhaps, we are our own worst enemy? Oh, and if the government is watching this post, I would be more than happy to sit down with a beer and discuss it...;)
Reply
9-12-2009 @ 9:11PM
cyndi said...
Well, if you weren't doing something you weren't supposed to, then you wouldn't have to worry about it. If you're going to talk sh** about someone, don't be an idiot and do it online. Duh. Man up and say it to their face. Too many people like to hide behind the anonymnity (sp) because they're afraid of reprisals.
Reply
9-14-2009 @ 7:00AM
flgunner said...
Sounds like you wouldn't mind having all your correspondence censored. It's not the matter of whether you are saying something true or not, it's that the government wants to know everything regardless of intent. This happens in prisons, with dictatorships, with fascist governments. If you wish to be a subservient subject, I suggest you move to China or North Korea --- you will fit right in.
9-14-2009 @ 9:52AM
Cotton said...
Actually this question has already been answered by the courts and the law. We each have the right to face our accusers. So in order to uphold one right we have to make nil another? The answer is simple and it takes away no freedoms, screen names should be public. Your in the phone book aren't you? This would save us all from the unethical assassination from ambush that this man is going through. He many be all that they accuse and he may not. Shouldn't they have the chance to prove their point and he his chance to prove his innocence?
9-14-2009 @ 11:01AM
SHIRLEY HATTON said...
I would love to say what I think to their face. The problem is I'm not wealthy enough to get a meeting with the powers that be.
9-14-2009 @ 5:29PM
Anonymous said...
Cyndi--
Sometimes the reprisals for telling the truth are horrific. I'm not understating that. I've (unwittingly) worked for some really bad (and ignorant) people who were doing things that endangered their employees. Believe me, there seem to be no shortage of people who do that (in a recession, especially) and you can't necessarily rely on the appropriate agencies to follow up. Sometimes "anonymous" ensures that something is said about it.