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The Courts Businesses Government The Internet Your Rights Online

Judge Rules That Government Can Force Glassdoor To Unmask Anonymous Users Online (arstechnica.com) 130

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.
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Judge Rules That Government Can Force Glassdoor To Unmask Anonymous Users Online

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  • by Anonymous Coward

    Several former coworkers posted about how we don't allow non-Asians to take time off. I'm glad I didn't post anything about that.

  • by fustakrakich ( 1673220 ) on Thursday July 20, 2017 @08:06PM (#54850133) Journal

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

    • by BitterOak ( 537666 ) on Thursday July 20, 2017 @08:09PM (#54850141)

      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.

      • by fustakrakich ( 1673220 ) on Thursday July 20, 2017 @08:17PM (#54850177) Journal

        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.

        • by BitterOak ( 537666 ) on Thursday July 20, 2017 @08:32PM (#54850257)

          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.

          • 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.

            Often though, the government is lazy, and only wants to appear to be doing something. So if there's 100 names, and they can't track down five of them, they'll just blow them off.

          • by Agripa ( 139780 )

            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.

            It is trivial if you use an open WiFi hotspot; at best that will give them your general location. If you are paranoid then in addition, forge your MAC address and use a separate browser inside of an encrypted VM.

      • by Anonymous Coward

        Don't sigh up using your real name. If glassdoor didn't log IPs the government would be SOL.

      • Re: (Score:3, Interesting)

        by Anonymous Coward

        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 under

        • Escalate as much as you like. Black helicopters and black bags over the head are at the root of the hierarchy and guess who has access to that level?

        • by green1 ( 322787 )

          Escalate high enough and you WILL find a judge that agrees with you.

          Have you seen the makeup of the Supreme Court recently? I'm not so sure they will.

          The constitution hasn't guaranteed any rights to anyone in many decades.

        • Glassdoor does not allow anonymous users

          How do they prevent anonymous users? Do they require you to send in a copy of your ID when you sign up?

      • by rtb61 ( 674572 )

        Go to the web site and look, don't be a dick. They are an employment web site and you can not anonymously apply for a job, like duh. So obviously those people who joined are completely exposed to commercial wilful retaliation if they are exposed for negative reviews. This is the intent, a trial action to punch a hole into glassdoor so that corporations can attack everyone and silence all transgressors, the judge knows this and in all liklihood getting suitably paid for this at election time.

        Basically it wi

        • From the look of it, this is a criminal investigation into the company reviewed--I think that, actually, it would have been better for Glassdoor to argue that unless the court is issuing summons or subpoenas for these people, it is inappropriate to be compelling Glassdoor to reveal their names at this point.

          It also seems like a generally stupid thing to do overall; these are people who are hoped to be useful witnesses for the government. This is going to be more likely to have them hostile, especially sinc

    • There's no such thing as an anonymous account...even if you use a burner account. These days, sites like Google and Facebook can track you even if you never even log in to their services! Even disabling javascript doesn't help. Basically, all it takes is for you to go online, to be trackable.

      • by Lord Kano ( 13027 ) on Friday July 21, 2017 @09:15AM (#54852249) Homepage Journal

        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

        • by green1 ( 322787 )

          pretty much anyone other than a TLA.

          If you aren't anonymous to a TLA, then you aren't truly anonymous.

          I would say that it's probably still possible to be truly anonymous online, but it would take a LOT of work, both in the initial setup, and in the maintenance of it.

          • pretty much anyone other than a TLA.

            If you aren't anonymous to a TLA, then you aren't truly anonymous.

            I would say that it's probably still possible to be truly anonymous online, but it would take a LOT of work, both in the initial setup, and in the maintenance of it.

            For a one-and-done kind of situation, you can probably remain anonymous to a TLA but for sustained two-way communication, the NSA can find you, if they're sufficiently motivated.

            LK

    • Let's hear the anti-privacy advocates tell us one more time that we need to force everybody to use real identities all over the internet because only criminals have to hide behind anonymity. Come on, anti-privacy advocates, you're always so vocal the rest of the time, where are you now?
      • by green1 ( 322787 )

        That's the fun part here, they aren't even alleging that these people did anything wrong, they're alleging that they witnessed wrongdoing and that should be enough to unmask them.

        But then most of the world already realizes that the USA is a totalitarian regime. Screaming "land of the free, home of the brave" at the top of their lungs doesn't really convince anyone that they are either.

        • Law enforcement has always had the right to bring in possible witnesses to illegal acts and talk to them. The courts have always had the power to get information. The privacy concerns are normally about what people can do without judicial oversight and the need for a warrant, and don't apply here.

          • The privacy concerns are normally about what people can do without judicial oversight and the need for a warrant, and don't apply here.

            In the legal world, you may be correct. But generally when people talk about "privacy concerns", they are talking about privacy concerns in a more general sense, not about what the law thinks of as "privacy concerns".

            If someone (government or otherwise) legally obtains information about me against my will, my privacy has still been violated. That violation may or may not be ethically or morally justifiable, but it's a violation nonetheless.

            • You never have had privacy against a legitimate criminal investigation. I don't know of any country that would guarantee that.

          • Yeah, my concern here is that they seem to have gone straight to asking Glassdoor to give them the names directly. I'd have started with accepting the deal Glassdoor offered, with the understanding that I may need to subpoena those who don't come forward--and would like to know of those who don't agree to talk to me, how many of those had been a 'No' vs 'No response.' (The latter group may simply have thought Glassdoor's email was spam, while the former I'd probably be best off not calling as a witness un

        • by Maritz ( 1829006 )
          "Land of the free" was being parroted whilst millions of slaves were under the lash. It was still being parroted during the Jim Crow era. If that doesn't demonstrate laughably hollow words, I don't know what does.
  • by Anonymous Coward on Thursday July 20, 2017 @08:21PM (#54850199)

    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.

    • by Kjella ( 173770 )

      fraudulently claiming to employ competent editors who are actually illiterate millennials

      That would be satire, not fraud.

  • Anonymity (Score:5, Interesting)

    by puddingebola ( 2036796 ) on Thursday July 20, 2017 @08:24PM (#54850209) Journal
    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.
    • Re: (Score:2, Funny)

      by Anonymous Coward

      Do you have a right to anonymity online?

      If you did, you could use it to aid terrorist activities, like bombing. So do you really want online anonymity, citizen?

      • Re:Anonymity (Score:5, Insightful)

        by Motherfucking Shit ( 636021 ) on Thursday July 20, 2017 @11:56PM (#54850893) Journal

        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.

    • Re:Anonymity (Score:5, Informative)

      by Tony Isaac ( 1301187 ) on Thursday July 20, 2017 @11:02PM (#54850755) Homepage

      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.

      • the extent of those consequences has traditionally been very tightly controlled by law. I can't, for example, fire someone for expressing their belief in Judaism. There's also tremendous protection for newspaper sources that all go out the window when it's on the internet.
    • The protections do apply online. What they do not apply to, and have never applied to, is legitimate law enforcement officers serving a subpoena they obtained from a judge. Journalists have often dealt with this by contempt of court and serving jail time to protect sources, but that isn't a trivial thing to do.

  • by ClickOnThis ( 137803 ) on Thursday July 20, 2017 @08:25PM (#54850217) Journal

    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?

    • by clovis ( 4684 )

      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?

      • by sheramil ( 921315 ) on Thursday July 20, 2017 @10:57PM (#54850747)

        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.

      • The names of the users will be revealed - to law enforcement, not the public. Law enforcement already knows the name of the company they are investigating. The public will too, when charges are filed.
    • by Calydor ( 739835 )

      I don't understand how someone can be forced to give testimony against their will. If you force someone to show up in court and say stuff, how can you trust that stuff is accurate and not a fabricated lie to spite you?

      • "how can you trust that stuff is accurate and not a fabricated lie to spite you"

        By having a trial.

        • by Calydor ( 739835 )

          So we'll be having a trial to test the testimony of each of these forced witnesses?

          Does that seem efficient?

      • That is why the court subpoena people. If you are found lying, then you get charged with Perjury.

        From Google:
        A subpoena is a legal document that orders an individual to testify for an investigation or legal proceeding at a specific date and time. A subpoena can be a summons for a person to provide testimony at a trial, testify during the early stages of an investigation, or provide physical evidence relevant to the case.

      • Because if they are caught lying in count, it's perjury and carries a maximum sentence (a felony sentence btw) of up to 5 years in prison, and fines.

        Is your spite worth up to 5 years in prison and seizing all your assets (plus some)?

    • by Anonymous Coward

      While I might be able to support court ordered unmasking of criminals for certain types of crime, unmasking of potential (not even confirmed) witnesses to a contractual dispute is very clear overreach of the legal system in interfering with innocent citizens' lives.

    • I would think if Glassdoor could limit sharing the users, in cases of criminal legal actions. And not just because the company didn't like a negative review, and wanted to do a trumped up Slander charge.

      I found found usually the lowest reviews from the company comes from bad employees (or employees who were not a good fit for that particular company).So they were feeling slighted, because they weren't particularly liked or valued in the company.

    • by mysidia ( 191772 )

      On the other hand, it sounds like these users may be witnesses to a crime of fraud.

      However, they spoke anonymously about it, and Glassdoor's purpose in life is for publishing the postings from these anonymous sources. Glassdoor's purpose is Not to exist as a free tool to help trace frausters.

      The authorities should be able to simply use the anonymous postings as a "tip", and then do the actual legwork of talking with all the potential people. If they have a legit investigation, they should already

    • From what the article says, this isn't a deposition. Federal agents want to talk to possible witnesses. That can be done without revealing identities.

  • by Anonymous Coward

    It was Colonel Mustard in the Conservatory with the Candlestick.

    Now hat I've testified, no need for a trial. Hang them all.

  • All writs act: NSLs (Score:4, Interesting)

    by buss_error ( 142273 ) on Thursday July 20, 2017 @11:09PM (#54850777) Homepage Journal

    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.

    • by green1 ( 322787 )

      And this is why so many governments are passing laws requiring logs to be created and retained for long periods of time.

      Unfortunately the solution to corrupt and overreaching government isn't to find loopholes in their rules, those will be closed once enough of the common people find them, the only real solution is to change that government. Ideally that would be done by voting in rational people, but it seems that Americans are reluctant to vote for anyone who isn't already part of the establishment which

      • by Shotgun ( 30919 )

        It's more baffling to watch from the inside, because you're considered insane for gaping at it with utter disbelief.

      • Ideally that would be done by voting in rational people, but it seems that Americans are reluctant to vote for anyone who isn't already part of the establishment which they seem to despise. It really is baffling to an outsider to watch.

        I think the problem is that rational people don't tend to run for office.

  • by interkin3tic ( 1469267 ) on Friday July 21, 2017 @12:35AM (#54850945)
    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!!!"
    • by Shotgun ( 30919 )

      Well, we could allow you to go in and tie the dog up before we go in. Maybe you can tidy up first. Burn the mail about your yoga classes or your daughter's wedding.

  • You cannot expect that any identifying information you provide to any website (or any business, online or not) will be kept confidential.

    It's the law.

When the weight of the paperwork equals the weight of the plane, the plane will fly. -- Donald Douglas

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