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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.

16 of 130 comments (clear)

  1. Teach your children by fustakrakich · · Score: 5, Insightful

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

    --
    “He’s not deformed, he’s just drunk!”
    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. Re:Teach your children by fustakrakich · · Score: 4, Insightful

      If they were actually anonymous users, the company won't be able to unmask them. Most likely they were registered users that posted anonymously. And if they used their real names, they will get burnt.

      --
      “He’s not deformed, he’s just drunk!”
    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. Re:Teach your children by BitterOak · · Score: 3, Insightful

      If they were actually anonymous users, the company won't be able to unmask them. Most likely they were registered users that posted anonymously. And if they used their real names, they will get burnt.

      I don't think it will make any difference whether they used their real names or not. If they used an offshore VPN they might have a chance, but never underestimate the resourcefulness of government investigators. It's a lot harder to be anonymous on the Internet than you might think.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    5. Re:Teach your children by Lord+Kano · · Score: 3, Insightful

      That's mostly true but anonymity is mostly possible. It's just difficult.

      Tails, free WiFi, a little OpSec, a little discipline and throw away email addresses can keep you ahead of pretty much anyone other than a TLA.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  2. Spoiler: name of company by Anonymous Coward · · Score: 3, Funny

    The company under investigation is Slashdot. The anonymous tipsters revealed their shady business practices including posting repurposed press releases on the front page ("slashvertisements"), inflating story count by posting the same story numerous times ("dupes") and fraudulently claiming to employ competent editors who are actually illiterate millennials.

  3. 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.

    1. Re:Anonymity by Tony+Isaac · · Score: 4, Informative

      Anonymity was never really possible offline either. Nor was it ever protected by the Constitution. What the Constitution does protect, is your right to criticize the government, even if you do not try to hide your identity. Taking advantage of this freedom does not guarantee the lack of consequences. It only guarantees that you can't be punished by the law for stating your mind.

    2. Re:Anonymity by Motherfucking+Shit · · Score: 4, Insightful

      Yes.

      By the by, most terrorists are already known to law enforcement by the time they do whatever it is they're going to do. How many times have we heard "the FBI had previously investigated the suspect" or "British counter-terror officials had been monitoring the attacker for several years?" Anonymity isn't really the issue, and even if it were, I'm not going to live my life afraid of terrorists.

      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
  4. This is a tough one by ClickOnThis · · Score: 3, Insightful

    I understand Glassdoor's argument about protecting the privacy of their users, and the chilling effect that losing pseudonymity would have.

    On the other hand, it sounds like these users may be witnesses to a crime of fraud. That seems to favor the government's case for talking to them.

    If only the users in question could be deposed in the case without having their identities revealed. IANAL -- Is there a way to do this?

    --
    If it weren't for deadlines, nothing would be late.
    1. Re:This is a tough one by sheramil · · Score: 5, Insightful

      What I don't understand is why the Glassdoor posters must be revealed but the name of the company is a secret. Have we entered into an alternate universe where corporations have a higher level of rights than humans?

      Not at all. We are still in the ordinary, everyday quotidian universe. Where corporations have a higher level of rights than humans.

  5. 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.
  6. Going out of their way much? by interkin3tic · · Score: 3, Funny

    Given how unreliable witnesses are compared to actual documented evidence, and given that the company in question is likely to attack the credibility of the witnesses based on the fact that "they said mean things about their former coworkers anonymously like the KKK!", why is the government so insistent on this?

    These prosecutors act like spoiled children.

    "You can't go into that door"
    "I DEMAND TO BE LET INTO THAT DOOR!!!"
    "There's nothing in there! And if you open it, you'll let the dog out and I'll have to chase it down the street!
    "NOWNOWNOWNOW!!!"

  7. 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.
  8. 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.