Related subject of negativity and privacy on stock chat lines....
From the Financial Post Fri July 10/98
Philip pierces Net secrecy
Court decision gives beleaguered company access to names and addresses of people who have
made negative comments about the firm in Internet chat group
By SANDRA RUBIN
The Financial Post
Philip Services Corp., its stock decimated by a barrage of writedowns and troubling accounting practices, has quietly won a court
order forcing about a dozen Internet providers to cough up names and addresses of people who posted negative comments about
the firm in an Internet chat group.
The move has potentially chilling implications for privacy and the Internet. It means Canadians who exchange information and
opinions in chat groups have lost the traditional cloak of anonymity and can be held liable for what they say.
The order, granted by Ontario Court Justice Nick Borkovich in Hamilton, was made ex parte - without Internet providers,
including America Online Inc., AOL's CompuServe division, iStar Internet Inc. and Weslink Datalink Corp., being notified or
present to make arguments.
It instructs the providers to hand over to Philip names, addresses, e-mail addresses, telephone numbers, computer serial numbers
and other information for a specific list of messages posted on Yahoo in April, May and June.
It doesn't stop there. The providers were also told to preserve "all other messages sent by such persons through the Internet
providers."
And they were ordered to supply Philip with the real identity of the users who posted messages under pseudonyms - common
practice in chat groups.
Philip was granted leave to examine the information, although that decision was later reserved pending another hearing.
The court also ruled that the files be sealed and expressly forbade the company, its employees and agents to "publish, speak about
or distribute this order or any documents provided with the order."
Many of the messages, which can still be read, appear to make allegations of criminal activity against Philip executives and
express fears of what might happen to anyone who exposes too much about the firm's activities.
But Philip spokeswoman Lynda Kuhn said it was company employees who felt threatened by what they were reading. That's why
Philip decided to act. She said some of the worst messages have now been pulled by Yahoo at Philip's request.
"The tone of the board became increasingly malicious and downright defamatory," Kuhn said.
"It libelled employees of the company, issued threats of stalking, a whole range of ethnic slurs, and got to the point where
employees were very concerned. So the company decided it was going to take action." At least one service provider, Weslink, said
yesterday in a letter to Philip's lawyers it was complying with the request and provided information.
John Gallagher, a former member of Hamilton city council in 1985-91, had his name, address and telephone number turned over.
Gallagher, a municipal activist who walks with a cane as a result of a spinal injury received in a car accident, scoffed at notions he
is threatening. He said he stands by what he wrote, but disagrees with the judge's decision to grant the motion ex parte - denying
him a chance to speak.
"I'm disturbed that I wasn't present, or that I didn't have a representative present, to make submissions," he said. "I believe I had
good reason for using aliases."
Gallagher, who said he has never owned Philip shares, also said he's troubled by the fact Weslink provided his name.
"I'm a little surprised that my server would not fight this vigorously and I have a lot of concern - and I'm sure a lot of Internet
providers will feel this as well - that they didn't fight this all the way to the Supreme Court [of Canada]."
Weslink said in a late-day statement it views customer information as "private to be utilized only for the purposes for which it has
been provided." It said rather than complying with the original order, it went back to the court and was able to have the scope
narrowed somewhat.
Lawyer Alan Gahtan, who is co-writing a book on Internet law, said obliging a provider to turn over all messages sent by a
particular user is "troubling."
"I think it's a serious infringement on privacy," said Gahtan, with the law firm Bennett Jones Verchere. "It sounds like they went
too far.
"It's almost like someone could go in and look at all the books that you've read. They can go in and get all messages. Well, when
you extrapolate it, does it mean that someone can go in and get an order for every Web page you've looked at? You're getting into
someone's head."
People shouldn't be allowed to use the Internet to commit illegal acts, such as libel, said George Takach, who heads the high-tech
practice at McCarthy T‚trault.
He predicted this case will send a definite signal.
"It'll definitely be a wake-up call to that part of the Internet culture that views the Internet as no-man's land where you can do
anything and get away with anything."
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