Slashdot Mirror


AOL Subscribers Sue Over Release Of Search Data

An anonymous reader points out an AP story indicating that AOL hasn't seen the end of its own public embarrassment after airing some dirty laundry on behalf of its customers. Excerpted from the story: "Three AOL subscribers who suddenly found records of their Internet searches widely distributed online are suing the company under privacy laws and are seeking an end to its retention of search-related data ... The lawsuit is believed to be the first in the wake of AOL's intentional release of some 19 million search requests made over a three-month period by more than 650,000 subscribers. ... Filed Friday in U.S. District Court in Oakland, Calif., the lawsuit seeks class-action status. It does not specify the amount of damages being sought."

28 of 97 comments (clear)

  1. With luck, this will accomplish two things: by cunina · · Score: 5, Interesting

    1) Scaring other ISPs and related companies into better privacy safeguards

    2) Hastening the timely demise of AOL

    1. Re:With luck, this will accomplish two things: by tymbow · · Score: 4, Interesting

      Even if they do win, it wont make any difference to data retention practices though. No one would ever rule against that because of potential use as evidence; especially with the push to mandated retention policies.

    2. Re:With luck, this will accomplish two things: by Das+Modell · · Score: 2, Interesting

      I'm not intimately familiar with the search logs, but I've seen a little of them. How are the logs tied to personal information? Do they contain IP addresses, or what?

    3. Re:With luck, this will accomplish two things: by Richard+W.M.+Jones · · Score: 4, Funny
      1) Scaring other ISPs and related companies into better privacy safeguards $80

      2) Hastening the timely demise of AOL ... Priceless

    4. Re:With luck, this will accomplish two things: by hords · · Score: 2, Informative

      Each individual user, likely tracked via cookie, has a unique number that identifies all their searches. You can't tell directly who or where they are, unless their search history gives away their identity in one way or another. Some of the data in the logs can lead to very private information.

    5. Re:With luck, this will accomplish two things: by KDR_11k · · Score: 2, Informative

      That's how a search provider like Google would do it but AOL knows which of its IPs correspond to which users so they can tie the results to the accounts which is much more accurate than cookies (which get deleted quite often or maybe even disabled completely).

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  2. Who's AOL? by Anonymous Coward · · Score: 2, Funny

    What is this AOL you speak of?

  3. Any laws broken? by The+Dalex · · Score: 2, Informative

    Since search inputs are sent over the internet as plain text, and there are often warnings generated by browsers to explain that this isn't secure, I wonder if AOL has done anything illegal and/or anything that they can be sued for in civil court? It was an error that should cost them customers, but I don't see why there should be a class-action lawsuit. They did not release the names of the people searching, and anything linking the searches to the users was a direct result of the search terms they sent across the internet in unsecured form, by choice.

  4. Oh... by Greyfox · · Score: 2, Interesting
    Are there, in fact, Privacy Laws? I wasn't under the impression the US Government was particularly worked up about privacy. Certainly the EU seems to be taking a much more aggressive stance about having companies protect your data...

    Besides these AOL users shouldn't get too worked up. They couldn't possibly be too concerned about what anyone thinks about them or they wouldn't be using AOL in the first place. The rest of the Internet wasn't particularly surprised at the contents of that search data -- we were all working under the assumption that everyone on AOL was searching for pictures of poo and instructions on how to murder people anyway. The data in question simply confirmed that suspicion.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  5. Three? by Who235 · · Score: 4, Funny
    Three AOL subscribers. . .


    They must have been the only 3 AOLers who met both of these conditions:

    a) They weren't searching for "hot kiddie lolita horse love" and were consequently unafraid of that search rearing its ugly head in open court.

    b) They were aware enough of the wider internet to know their data had been released in the first place and the implications thereof.

    Three? Yeah, that sounds about right.
  6. Re:Wondering by bunions · · Score: 3, Informative

    > first off, why anyone would enter their social into google

    To see if anyone out there is publishing it, so that I might send them a nasty letter?

    --
    there is no need to sign your posts. this isn't usenet. your username is right there above your post. stop it.
  7. Re:Wondering by postmortem · · Score: 2, Interesting

    And how exactly you figure out your private data is available to whole world if not searching for it?

  8. I can see the settlement now... by zen611 · · Score: 5, Funny

    1000 free hours of AOL!

  9. Probably civilly actionable. by raehl · · Score: 3, Informative

    IANAL....

    AOL, like most ISPs, has a privacy agreement, which states when and how your information may be distributed. Most call this 'personally identifying' information. That would probably include search terms, especially when grouped by a unique identifier, that would personally identify you.

    How AOL obtained that information (plain text over the internet or otherwise) is not relevant - if they agreed with you that they would not share it, then they can't share it.

    What I'm curious to see here is most of these agreements also force binding arbitration - if that is the case here, can you even have a class action lawsuit based on the privacy agreement?

    And if not, are there any actual LAWS violated here? I don't see any legal culpability. If you tell me that you like to conduct sexual relations with farm animals, and I tell someone else that you told me that you like to conduct sexual relations with farm animals, that wouldn't be actionable. And that's basically what happened here, only in a large volume: People told AOL what they wanted to seach for, and AOL then passed that information to others.

    Unfortunate, yes, but there isn't any inherent legal obligation for a 3rd party to hold information you give them in confidence (with certain specific exceptions, like healthcare workers, grand juries, etc, of which AOL is none).

    1. Re:Probably civilly actionable. by Potor · · Score: 3, Interesting

      searching for farm sex does not necessarily mean "you like to conduct sexual relations with farm animals." it could mean any number of things, from a poorly formulated search term, to incredulity that such practices exist. the ambiguity of the dead letter is one of the reasons to oppose the sharing of such data.

    2. Re:Probably civilly actionable. by Hao+Wu · · Score: 2, Insightful
      AOL, like most ISPs, has a privacy agreement, which states when and how your information may be distributed.

      A great lawyer (yeah yeah oxymoron) once described how you can't post a "contract" on the front of your vehicle saying that you are not responsible for any pedestrians you flatten.

      The point is: rules and policies are not the same as laws and legal rights. Companies try desperately to confuse those terms, and it often works.

      --
      I suggest you read Slashdot
  10. very popular search item on AOL by postmortem · · Score: 5, Funny
    1. Re:very popular search item on AOL by LunaticTippy · · Score: 2, Funny

      Hm. AOL must not have a very good search engine. All these searches for "cancel AOL" and none of them directed the user to anywhere in aol.com!

      --
      Man, you really need that seminar!
  11. Re:Wondering by pluther · · Score: 4, Funny

    Hm. Now that you mentioned it, it got me curious so I tried it.
    I entered my SSN into Google.
    It replied with "-1635"

    --
    If the masses can keep you down, you're not the Ubermensch.
  12. I'd sue too.... by HiredMan · · Score: 3, Funny

    I'd sue too if they outed me as user of AOL.

    Damn, that would be really, really embarrassing and my l33t status would be called into question.

    =tkk

  13. Good by T.Hobbes · · Score: 3, Insightful

    AOL's releasing of the data was a very good thing, in that it raised people's awareness of the sheer quantity and potentially embarassing nature of search-engine records. With this data being made publically availible, people can now make informed judgements regarding the tradeoff between privacy and national security (or whatever justification is used for the retition of this data).

    This sort of lawsuit had to happen at some point; better soon rather than later, and, better that it come out of the incompetance of search-engine administrators rather than the abstract fears of the privacy-inclined.

  14. Lllama Herders by Anonymous Coward · · Score: 5, Funny

    It's the company that makes Winamp. They used to be in the free backup diskette business.

  15. Re:Wondering by merreborn · · Score: 2, Interesting

    In all seriousness:

    x - y - z = -1635

    0 y 100
    0 x 773
    0 z 10000

    There are only so many solutions to that problem...

  16. Playing it out... by nilbog · · Score: 2, Insightful

    This will be really interesting to watch. I mean, AOL has dirt on everyone - I can imagine it will be hard to have a court case against them when AOL can come back and say "Oh here you are searching for child porn, illegal song downloads, etc." Unless they don't have anything to be ashamed of I can see it being a very difficult case for the plaintiffs.

    --
    or else!
  17. I can see the plaintiffs now... by cyberfunkr · · Score: 3, Funny

    "Yeah, see, my name is Joe Blow and I was trying to find my sister's MySpace page. Her name is Lolita. I know she used to work at a race track so I did a search for her: Lolita Blow Job Horses. What's so wrong with that? Now give me my share of the settlement."

  18. Re:With luck, this will accomplish three things: by pimpimpim · · Score: 4, Insightful

    3) making people aware of what their ISP / anyone with (or even without) a search warrant, can find out about them by just combining their non-anonymous search history.

    --
    molmod.com - computing tips from a molecular modeling
  19. Re:Wondering by Who235 · · Score: 2, Funny

    Actually, the first 5 digits can be determined based upon how old he is, and which state he was born in (assuming typical issuance at birth).


    Wow, I didn't know that.

    This is becoming a pretty scary thread. I feel a little bad for having started us down this road.

    If anyone steals that guy's identity and buys a jet-ski (or anything else), I'm going to kick their ass.

    Don't worry original parent poster, I've got your back.

  20. use a search proxy by talledega500 · · Score: 2, Informative

    its so-oo-oo simple. http://www.blackboxsearch.com/