I like your post so much, I just found this in my travels:
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Friday, July 10, 1998 Philip Pierce's 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 realidentity 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." |
