I actually have a similar story.
As it turns out, I share a first initial and last name with an incumbent congressman's campaign manager.
During their last campaign, I received quite a bit of wholly unsolicited email bound for the manager. Despite a couple "I'm not the guy you're looking for" emails, (i even sent one directly to his 'official' address on the campaign website) I continued to receive the emails.
Most were fairly benign. Some were harmless, but definitely from the sausage-making side of politics.
Quite a few were... very personal. I can easily imagine they'd leverage this precedent if they realized what I was getting.
So this whole topic hits pretty close to home when I wonder about what extents these rulings might go to.
Would they turn over my account itself? Would they scour my outgoing messages to see if I forwarded it? Would they pop open every archive I emailed to see if that might contain the information? Would I be compelled to turn over passwords and keys for secured archives? (violating my client's privacy as well) Would they supply a list of IP addresses where I viewed the messages (and might have made copies)? Would they demand access to those machines?
Exactly how much of mine (and thereby my associates) privacy would these courts be willing to violate due no fault of my own?
In this case they're suing google to acquire the users identity, and google has said they're willing to give the user the chance to oppose the order.
As far as I know ownership of email hasn't been contested in court, but the email was addressed to the accidental recipient, which even under mail tampering laws wouldn't mean he had done anything wrong. The laws for mail are to prevent me mail-box diving my neighbour or opening accidentally delivered mail, however if the mail was mis-addressed to me then it's legally mine through and through.
This email was mis-addressed, which wasn't the fault of the recipient. I highly doubt the Judge will rule in the companies favour and risk setting a precedent against federal mail laws for email, it would seem kind of absurd.
If you're familiar with these laws: if I misaddress something to a PO Box, will the government reveal the identity of the accidental recipient? Will they if I ask nice, or must a court compel them? Is there any sort of requirements that need to be met?
I realize that in this case they haven't asked for anything beyond identity yet. But I'm forced to wonder what happens after they've ascertained identity?
There's no need to compel Google to reveal that person's identity unless there's a follow-up action that they feel they can't execute unless they know the identity of the unintended recipient.
So what is the follow-up action of stripping away this innocent person's privacy? I'm forced to conclude it would be yet-another injustice.
I'm assuming that they want to 'have him by the balls' to use as a scapegoat if any of that information is ever used for identity theft. The problem with this is that I feel if they have such a convenient scapegoat, they will probably rush to crucify him before investigating whether or not the information could have been obtained through other avenues.
During their last campaign, I received quite a bit of wholly unsolicited email bound for the manager. Despite a couple "I'm not the guy you're looking for" emails, (i even sent one directly to his 'official' address on the campaign website) I continued to receive the emails.
Most were fairly benign. Some were harmless, but definitely from the sausage-making side of politics. Quite a few were... very personal. I can easily imagine they'd leverage this precedent if they realized what I was getting.
So this whole topic hits pretty close to home when I wonder about what extents these rulings might go to.
Would they turn over my account itself? Would they scour my outgoing messages to see if I forwarded it? Would they pop open every archive I emailed to see if that might contain the information? Would I be compelled to turn over passwords and keys for secured archives? (violating my client's privacy as well) Would they supply a list of IP addresses where I viewed the messages (and might have made copies)? Would they demand access to those machines?
Exactly how much of mine (and thereby my associates) privacy would these courts be willing to violate due no fault of my own?