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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCourt: Chevron Can Seize Americans' Email Data
http://www.motherjones.com/politics/2013/07/chevron-ecuador-american-email-legal-activists-journalistsIn an almost unprecedented decision, a federal judge has allowed Chevron to subpoena Americans' private email dataand said the First Amendment doesn't apply.
Now Mother Jones has learned that the targeted accounts do include Americansa revelation that calls the validity of the subpoena into question. The First Amendment protects the right to speak anonymously, and in cases involving Americans, courts have often quashed subpoenas seeking to discover the identities and locations of anonymous internet users. Earlier this year, a different federal judge quashed Chevron's attempts to seize documents from Amazon Watch, one of the company's most vocal critics. That judge said the subpoena was a violation of the group's First Amendment rights. In this case, though, that same protection has not been extended to activists, journalists, and lawyers' email metadata.
......
"Chevron is trying to crush, silence, and chill activism on behalf of the people they screwed over," the activist argues. Michelle Harrison, an attorney for EarthRights International, tells Mother Jones that her clients aren't comfortable going on record about the subpoenas they've received, because "Chevron's dogged pursuit of anyone that dares speak out against them is regrettably having precisely the chilling effect we warned the court it would."
Advocates for the plaintiffs in the Chevron case say that subpoenaing the email records is the company's latest nuclear tactic to win a lawsuit it keeps losing. Chevron was ordered to pay $9 billion in damages in 2011 and to issue a public apology. After the company refused, a judge ordered the damages to double. The Supreme Court has declined to hear Chevron's appeal. The extortion case is set to go to trial on October 15, after Kaplanwhom the Ecuadorean plaintiffs once asked to be removed from the caserefused to delay it.
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"I think if the NSA scandal has taught us anything, anyone who says that 'it's just metadata' doesn't know what metadata isif I want to spend the night at my friend's house and use his computer, that's my business," Cardozo says. "And if Judge Kaplan thinks seizing metadata is routine, he doesn't know how powerful it can be." The activist adds, "It's a slippery slope. Once one thing is granted, it will only be easier to ask for more."
......
"Chevron is trying to crush, silence, and chill activism on behalf of the people they screwed over," the activist argues. Michelle Harrison, an attorney for EarthRights International, tells Mother Jones that her clients aren't comfortable going on record about the subpoenas they've received, because "Chevron's dogged pursuit of anyone that dares speak out against them is regrettably having precisely the chilling effect we warned the court it would."
Advocates for the plaintiffs in the Chevron case say that subpoenaing the email records is the company's latest nuclear tactic to win a lawsuit it keeps losing. Chevron was ordered to pay $9 billion in damages in 2011 and to issue a public apology. After the company refused, a judge ordered the damages to double. The Supreme Court has declined to hear Chevron's appeal. The extortion case is set to go to trial on October 15, after Kaplanwhom the Ecuadorean plaintiffs once asked to be removed from the caserefused to delay it.
......
"I think if the NSA scandal has taught us anything, anyone who says that 'it's just metadata' doesn't know what metadata isif I want to spend the night at my friend's house and use his computer, that's my business," Cardozo says. "And if Judge Kaplan thinks seizing metadata is routine, he doesn't know how powerful it can be." The activist adds, "It's a slippery slope. Once one thing is granted, it will only be easier to ask for more."
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Court: Chevron Can Seize Americans' Email Data (Original Post)
Luminous Animal
Jul 2013
OP
"Chevron is seeking ... where a user was every time he logged in—for the past nine years."
DirkGently
Jul 2013
#1
Absolutely! And what business is it of the gov't to collect all this info on us?
neverforget
Jul 2013
#10
DirkGently
(12,151 posts)1. "Chevron is seeking ... where a user was every time he logged in—for the past nine years."
Wow.
"just metadata" indeed.
Luminous Animal
(27,310 posts)2. It's crazy.
DirkGently
(12,151 posts)11. Love that Chevron's theory is the locals are "extorting" them.
nashville_brook
(20,958 posts)3. k ans r
neverforget
(9,436 posts)4. I've been told "metadata" is harmless....
guess not.
DirkGently
(12,151 posts)6. The potential misuse is vast. n/t
neverforget
(9,436 posts)10. Absolutely! And what business is it of the gov't to collect all this info on us?
Still waiting for a NSA supporter to respond to that.
DirkGently
(12,151 posts)15. Because ... terrorism? How many terrorists ARE there?
Pholus
(4,062 posts)5. All the kewl kids are playing now....
Oh well...it was only a matter of time before the internet became as useful as cable TV to effect change. Saw the first attempts to control us coming in the 90s....watched "terror" help it grow without meaningful debate....and now the first demonstrations of what we've really bought into are being given to us.
Chevron is "too big to fail" which appears to translate into "above the law" here.
marmar
(77,081 posts)7. The marriage of corporation and state is nearly complete.
wildbilln864
(13,382 posts)9. nearly!?
is it fascism yet?
Wednesdays
(17,380 posts)8. Well, that's comforting to know.
The Straight Story
(48,121 posts)12. Well, if it's legal we should just shut up and praise Obama.
Hell, if slavery was legal and Obama didn't do anything about there would be some singing his praises (probably with their own, new version, of swing low sweet chariot).
socialist_n_TN
(11,481 posts)13. Didn't I read somewhere that the Kochs own a good bit of Chevron?....
If true, it would explain a lot.
Liberal_in_LA
(44,397 posts)14. .
Luminous Animal
(27,310 posts)16. Kick.