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Judge Rules That Government Can Force Glassdoor To Unmask Anonymous Users Online (arstechnica.com)

pogopop77 shares a report from Ars Technica: An appeals court will soon decide whether the U.S. government can unmask anonymous users of Glassdoor -- and the entire proceeding is set to happen in secret. Federal investigators sent a subpoena asking for the identities of more than 100 anonymous users of the business-review site Glassdoor, who apparently posted reviews of a company that's under investigation for potential fraud related to its contracting practices. The government later scaled back its demand to just eight users. Prosecutors believe these eight Glassdoor users are "third-party witnesses to certain business practices relevant to [the] investigation." The name of the company under investigation is redacted from all public briefs. Glassdoor made a compromise proposal to the government: it would notify the users in question about the government's subpoena and then provide identifying information about users who were willing to participate. The government rejected that idea. At that point, Glassdoor lawyered up and headed to court, seeking to have the subpoena thrown out. Lawyers for Glassdoor argued that its users have a First Amendment right to speak anonymously. While the company has "no desire to interfere" with the investigation, if its users were forcibly identified, the investigation "could have a chilling effect on both Glassdoor's reviewers' and readers' willingness to use glassdoor.com," states Glassdoor's motion (PDF). The government opposed the motion, though, and prevailed in district court.

6 of 130 comments (clear)

  1. Re:Teach your children by BitterOak · · Score: 4, Interesting

    Never put your real name on the internet. Use burner accounts for everything.

    If these users had used their real names, they would not be "anonymous users". The court ruled they can be unmasked anyway.

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  2. Anonymity by puddingebola · · Score: 4, Interesting

    Do you have a right to anonymity online? When we lived in the physical world instead of the virtual one, it was possible to express opinions and leak information through a media that was made of paper. Now, the online world provides all kinds of avenues to provide confidential information and criticism, but if the courts make it so protections don't apply online, then I guess people will have to return to the traditional methods.

  3. Re:Teach your children by Anonymous Coward · · Score: 3, Interesting

    Glassdoor does not allow anonymous users, but they do (did?) allow anonymous reviews of companies. This allowed people to post reviews, but because they weren't anonymous *users* it (supposedly) kept them honest.

    I've reviewed a few companies there, in the hopes that my reviews would either motivate the company to change horrible policies, or at the very least to give prospective employees the opportunity to make an educated decision about potential employers.

    On the larger topic, anyone with a cursory understanding of the Federalist Papers understands the value that anonymity provided the Founding Fathers. If I'm contacted (unlikely), I'll assist where I can and when the shitshow is over I'll sue the Government for violating my rights. Escalate high enough and you WILL find a judge that agrees with you.

  4. All writs act: NSLs by buss_error · · Score: 3, Interesting

    I was in charge of a very large library system. In 20xx (I don't want to be specific), the Chief Technical Archivist issued me a directive: Purge all logs with personally identifiable information after 7 days that the transaction closed. EG: Any books checked out, that record's PII was to be deleted after 7 days of checking it back in.

    The patron's record showing how many books they checked out was to be purged as well - EG: reset to zero for any but books currently checked out.

    Only aggregate data was to be retained. Daily transaction logs were to be purged immediately - which was a pain in the neck, because that meant the system had to be shut down for a full cold back up every day - which could not be kept for more than a few days. (I solved this issue by using RAID 50 and splitting the RAID mirror, then backing it up, then resyncing the mirror. That way it was "cold", but the system was down for only a few seconds.)

    On my personal sites, I set the log files to /dev/null, and only log when I have a issue (technical or user).

    Time to get our snoopy government out of our hair. They must be forced to stop shoving their nose in our crotch with indiscriminate abandon. Am I against prosecuting crime? Not at all. But I'm not in favor of our government being able to snoop into every breath we take, every penny we spend, every call we make, every text we have. "They hate us for our freedoms" - what a FSCK'ing JOKE.

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  5. Re:Here's one way around this by BlueStrat · · Score: 3, Interesting

    The right to anonymity of these people must be guaranteed by the state. Same as if they were mafia stoolies. With an added penalty to redress the loss of revenue to Glassdoor by having people turned off engaging in its process in case they are outed, in the case that the anonymity of the witnesses is broken.

    This may mean that anything directly from these people is inadmissable, but that can still be used to investigate something that IS admissable evience.

    To corporations and the government, the trial at the center of all this is simply a means to an end, a convenient opportunity to accomplish the underlying goal: Destroying Glassdoor and setting in place a heavy disincentive for anyone else thinking of attempt to start a similar kind of service that reveals what many powerful people and businesses would wish to be ignored by everyone. It also serves government power-creep in eroding citizen's personal privacy rights & expectations.

    Seeing as there is a rotating door between many mid- to high-level government positions and private-sector industries and corporations, it makes perfect sense that that they would team-up to destroy Glassdoor and make an example of them.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  6. Re:This will kill the site by mysidia · · Score: 3, Interesting

    They'll have to change their policies to remove their own ability to identify anonymous posters.