Re: This is BAD news -- Google Ordered to Turn Over YouTube User Data

[David Farber <dave () farber net>]

________________________________________
From: Synthesis:Law and Technology Law and Technology [synthesis.law.and.technology () gmail com]
Sent: Thursday, July 03, 2008 1:02 PM
To: David Farber; Brock N Meeks
Cc: ip
Subject: Re: [IP] This is BAD news -- Google Ordered to Turn Over YouTube User Data

Dave,

This will most certainly be appealed.  Google has the resources as well as the interest and they can certainly find 
grounds for appeal in the decision.  If you read the linked EFF page, they lay out a brief introduction to some of the 
possible grounds for appeal and I am sure there are others.

Bad news? Yes. But it is not over yet.  Can you see Google welcoming this decision and not fighting it? It would be a 
huge (read google-sized) headache for them to comply with.

Dan



Dan Steinberg

SYNTHESIS:Law & Technology
35, du Ravin phone: (613) 794-5356
Chelsea, Quebec
J9B 1N1

On 7/3/08, David Farber <dave () farber net<mailto:dave () farber net>> wrote:

________________________________________
From: Brock N Meeks [bmeeks () cox net<mailto:bmeeks () cox net>]
Sent: Thursday, July 03, 2008 12:40 PM
To: David Farber
Subject: Google Ordered to Turn Over YouTube User Data

Dave,

Forgive me if I've just missed someone else posting this.   The
following is from EFF regarding a court ruling released late
yesterday.  The mainstream press hasn't jumped on this like I would
image, the first reports came out about a parallel ruling in the case
in that denied a Viacom request for Google to hand over source code.

But here's the real hub of the decision handed down yesterday:
Yesterday, in the Viacom v. Google litigation, the federal court for
the Southern District of New York ordered Google to produce to Viacom
(over Google's objections):


"...all data from the Logging database concerning each time a YouTube
video has been viewed on the YouTube website or through embedding on a
third-party website..."

The court's order grants Viacom's request and erroneously ignores the
protections of the federal Video Privacy Protection Act (VPPA), and
threatens to expose deeply private information about what videos are
watched by YouTube users. The VPPA passed after a newspaper disclosed
Supreme Court nominee Robert Bork's video rental records. As Congress
recognized, your selection of videos to watch is deeply personal and
deserves the strongest protection.

The Logging database contains:

    "....for each instance a video is watched, the unique "login ID"
of the user who watched it, the time when the user started to watch
the video, the internet protocol address other devices connected to
the internet use to identify the user's computer ("IP address"), and
the identifier for the video."

[snip]

http://www.eff.org/deeplinks/2008/07/court-ruling-will-expose-viewing-habits-youtube-us






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