Federal judge ignores rights of individual
Posted by Tom on September 25th, 2009Via 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:
- Rocky Mountain Bank emailed confidential financial information to the wrong Gmail address./li>
- The bank attempts to force Google to release the name of the owner of the email address. Google refuses without court order.
- 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.
