Federal judge ignores rights of individual

Posted by Tom on September 25th, 2009

Via Gruber, who posts following a TechDirt article.

A federal judge denies an individual of property (contents of an email account) without notification, with no opportunity for appeal (the person is not a party to the matter), and with no cause to suspect wrongdoing.

Saith Gruber, who dubs U.S. District Court Judge James Ware “Jackass of the Week”:

This is absurd:

  1. Rocky Mountain Bank emailed confidential financial information to the wrong Gmail address./li>
  2. The bank attempts to force Google to release the name of the owner of the email address. Google refuses without court order.
  3. Federal judge James Ware orders Google to disable the email account — which belongs to someone who did nothing wrong and was sent the email message by mistake.

John Gruber, “Jackass of the Week: U.S. District Court Judge James Ware”, Daring Fireball. Accessed 2009-09-25

I think the post from Technologizer stabs at the root issue, though:

The temptation to heap scorn upon District Court Judge James Ware is obvious, but I’m most appalled by the reported initial actions of Rocky Mountain Bank. Why was anyone there e-mailing Social Security numbers to anyone?“Rocky Mountain Bank: Rocky, Rocky Security!” by Harry McCracken. Accessed 2009-09-25, emphasis added

It’s a good question. Why would any company ever allow sensitive information be sent through an unencrypted medium? Back up a step, though: Under any sane security policy, how could an individual even acquire a list of social security numbers on their desktop in the first place?

UPDATE (2009-09-28): Techdirt reports that Google and the bank have both requested the judge reinstate the account.

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