Judge Backs Amazon, Raps Feds Over Book Records
netbuzz alerts us to a ruling in federal court that has just been made public. US Magistrate Judge Stephen Crocker told the Feds to lay off Amazon in denying prosecutors' requests for records of who bought what books at the online retailer. The judge wrote, "The [subpoena's] chilling effect on expressive e-commerce would frost keyboards across America." Prosecutors had demanded 24,000 transaction records from Amazon, all in service of convicting a city official on charges of fraud and tax evasion. In the end they found customer information on the official's PC, where they should have looked in the first place.
"The subpoena is troubling because it permits the government to peek into the reading habits of specific individuals without their knowledge or permission," Crocker wrote. "It is an unsettling and un-American scenario to envision federal agents nosing through the reading lists of law-abiding citizens while hunting for evidence against somebody else."
So, not everybody in the American legal system is providing a rubber stamp for Federal nosiness. I can't believe the Feds actually thought this was a viable thing -- perhaps they've been swayed by all the success with warrant-less wiretapping and private snooping. I think this may be representative of a desire by the lower courts to put the breaks on rampant violations of American civil rights. At least, one can hope.
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And:"If the government had been more diligent in looking for workarounds instead of baring its teeth when Amazon balked, it's probable that this entire First Amendment showdown could have been avoided," he wrote
Damn straight it is un-American! I just wish the agents and presecutors involved would get reprimanded! Or better yet, fired for incompetence.
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