A question that came to mind this morning: if Federal
authorities tried to subpoena a newspaper's subscriber
list and all records of newsstand sales for a particular
day, would that be considered legit? Would it kick up a
storm of "WTFingF?" reactions? Would it be treated as a
fairly ordinary event? Or would it be calmly fought in
a barrage of motions and countermotions as folks tried to
pin down exactly where the line of reasonableness is?
(I honestly don't know the answer. I was going to
start out by using that question as a rhetorical device,
but then I realized that I don't actually know what the
response would be if the Washington Post were
ordered to turn over the names, addresses, SSNs, and
bank account numbers of everyone who'd bought a copy of
yesterday's paper or so much as checked the headlines on
washingtonpost.com. Clues, please?)
The reason I'm wondering:
In a case that raises questions about online journalism
and privacy rights, the U.S. Department of Justice sent a
formal request to an independent news site ordering it to
provide details of all reader visits on a certain day.
[...]
The subpoena (PDF) from U.S. Attorney Tim Morrison in
Indianapolis demanded "all IP traffic to and from
www.indymedia.us" on June 25, 2008. It instructed Clair to
"include IP addresses, times, and any other identifying
information," including e-mail addresses, physical addresses,
registered accounts, and Indymedia readers' Social Security
Numbers, bank account numbers, credit card numbers, and so
on.
Is it just me, or does the idea of shipping every
single packet by way of
the onion router and using anonymized payment methods
wherever possible and pseudonymous email accounts, seem just
a bit more reasonable than it did a week ago? Maybe not
because I expect my own government to find anything they'd
bother to use against me in this kind of fishing expedition,
but just to frustrate such attempts in the future (uh,
assuming a large majority of other Internet users adopted
the same habits, that is).
Maybe all of this will look very different to me after
I've slept (or after my body finally vanquishes this
damned virus and I can breathe properly again). Or maybe
not. At the moment I'm finding the idea of serving a news
site such a broad subpoena somewhat disconcerting.
I should probably disclose that I haven't read
that PDF yet and am going on the description of it at the
site I linked to.