7/23/2013 11:26 AM ET|
Chevron wins access to some Americans' email data
The oil company recently gained that right in court. The judge who ruled says the First Amendment has nothing to do with it.
Sorry, but a federal court already made that decision for you. Mother Jones reports that Chevron (CVX) was granted access to nine years of email metadata -- which includes names, time stamps and detailed location data and login info, but not content -- belonging to activists, lawyers and journalists who criticized the company for drilling in Ecuador and leaving toxic sludge and leaky pipelines in its wake.
Chevron alleges it's the victim of mass extortion and is using that stance to justify asking Google (GOOG), Yahoo (YHOO) and Microsoft (MSFT), which owns moneyNOW and Hotmail, for the data. Federal judge Lewis Kaplan granted the Microsoft subpoena last month and ruled that it didn't violate the First Amendment because Americans weren't among the people targeted. The problem is that they were.
Nate Cardozo, an attorney for The Electronic Frontier Foundation (EFF) that represents 40 of the targeted users, says at least one targeted Hotmail user is American. Of the Yahoo and Gmail users, Cardozo says "many" are American.
Advocates for the plaintiffs say Chevron is subpoenaing email records only after losing a lawsuit related to its operations in Ecuador, where Chevron was ordered to pay $9 billion in damages in 2011 and to issue a public apology. After the company refused, a judge doubled the damages to nearly $19 billion. The U.S. Supreme Court has refused to hear Chevron's appeal.
The extortion case against Chevron's critics is set to go to trial on Oct. 15, after Kaplan refused to delay it. Cardozo says 101 email addresses are listed in the subpoenas, but EFF has found only two that are owned by actual defendants. While legal experts say that's routine, they also note that Chevron will have to prove the relevance of the addresses pulled during its "fishing expedition."
Karl Manheim, a professor at the Loyola School of Law in Los Angeles, told Mother Jones that Kaplan's use of the citizenship standard is "wrong" and offers those email users broad grounds for an appeal.
"The U.S. Constitution applies to all persons (even foreign nationals) within U.S. borders and to U.S. persons abroad," he says. "While the targets of the subpoenas are outside of U.S. jurisdiction, the subpoena itself is operative within the U.S. So the Constitution should apply."
Copyright © 2014 Microsoft. All rights reserved.
Fundamental company data and historical chart data provided by Morningstar Inc. Real-time index quotes and delayed quotes supplied by Morningstar Inc. Quotes delayed by up to 15 minutes, except where indicated otherwise. Fund summary, fund performance and dividend data provided by Morningstar Inc. Analyst recommendations provided by Zacks Investment Research. StockScouter data provided by Verus Analytics. IPO data provided by Hoover's Inc. Index membership data provided by Morningstar Inc.
[BRIEFING.COM] The stock market ended the holiday-shortened week on a mixed note as the Dow Jones Industrial Average shed 0.1%, while the S&P 500 added 0.1% with seven sectors posting gains.
Equity indices faced an uphill climb from the opening bell after disappointing quarterly results from Google (GOOG 536.10, -20.44) and IBM (IBM 190.04, -6.36) weighed on the early sentiment. Google reported earnings $0.15 below the Capital IQ consensus estimate on revenue of $15.42 ... More
More Market News
Former CEO cuts his holding to 20% but says, 'the story in't written yet.'
MUST-SEE ON MSN
- Video: Easy DIY smoked meats at home
A charcuterie master shares his process for cold-smoking meat at home.
- Jetpacks about to go mainstream
- Weird things covered by home insurance
- Bing: 70 percent of adults report 'digital eye strain'