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To: Dave Gore who wrote (271)7/10/1998 3:12:00 PM
From: EL KABONG!!!  Respond to of 390
 
You know I was waiting almost an hour to use that short joke. Fortunately, I had some work to do to fill in the time.

KJC



To: Dave Gore who wrote (271)7/10/1998 9:49:00 PM
From: Due Diligence  Read Replies (2) | Respond to of 390
 
Just a little EM I received about negative comments. Interesting reading of the maturing of the internet.Maybe the playing field is becoming level. Bashers beware.
Jimbo

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 theInternet. 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-mailaddresses, 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 downrightdefamatory,"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 spinalinjury received in a car accident, scoffed at
notions he is threatening. Hesaid 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 representativepresent, 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 feelthis 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 aprovider 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'veread. 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'velooked at? You're getting into someone's head." People shouldn't be allowed
to use the Internet to commit illegal acts, such aslibel, said George Takach, who
heads the high-tech practice at McCarthyT‚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
thatviews the Internet as no-man's land where you can do anything and get away
with anything."