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The Courts Youtube Privacy

Judge Orders YouTube to Reveal Everyone Who Viewed A Video (mashable.com) 169

"If you've ever jokingly wondered if your search or viewing history is going to 'put you on some kind of list,' your concern may be more than warranted," writes Mashable : In now unsealed court documents reviewed by Forbes, Google was ordered to hand over the names, addresses, telephone numbers, and user activity of Youtube accounts and IP addresses that watched select YouTube videos, part of a larger criminal investigation by federal investigators.

The videos were sent by undercover police to a suspected cryptocurrency launderer... In conversations with the bitcoin trader, investigators sent links to public YouTube tutorials on mapping via drones and augmented reality software, Forbes details. The videos were watched more than 30,000 times, presumably by thousands of users unrelated to the case. YouTube's parent company Google was ordered by federal investigators to quietly hand over all such viewer data for the period of Jan. 1 to Jan. 8, 2023...

"According to documents viewed by Forbes, a court granted the government's request for the information," writes PC Magazine, adding that Google was asked "to not publicize the request." The requests are raising alarms for privacy experts who say the requests are unconstitutional and are "transforming search warrants into digital dragnets" by potentially targeting individuals who are not associated with a crime based simply on what they may have watched online.
That quote came from Albert Fox-Cahn, executive director at the Surveillance Technology Oversight Project, who elaborates in Forbes' article. "No one should fear a knock at the door from police simply because of what the YouTube algorithm serves up. I'm horrified that the courts are allowing this."

Thanks to long-time Slashdot reader schwit1 for sharing the article.
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Judge Orders YouTube to Reveal Everyone Who Viewed A Video

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  • by belmolis ( 702863 ) <billposer.alum@mit@edu> on Sunday March 24, 2024 @05:46PM (#64341397) Homepage
    In addition to the privacy issues, I don't see how this helps the investigation. It makes sense to track people viewing something like child porn, or perhaps videos advocating terrorism, but how does tracking the viewing of innocuous videos unrelated to the alleged crimes help? This would seem to be pointless or at best very inefficient. (If the answer is in the Forbes article, it is pay-walled.)
    • Watching videos or reading books about taboo topics isn't illegal though. It's like trying to find me guilty of something because I watch a bomb making video or read the Anarchist Cookbook.

      It's honestly a waste of time for investigators and it's akin to a fishing expedition. They've no clue who to blame and are now trying to find guilty by association. Sad sad sad state of affairs.

      • by codebase7 ( 9682010 ) on Sunday March 24, 2024 @06:18PM (#64341473)
        Except this wasn't about illegal topics, according to the linked pcmag article, the investigators sent links of youtube videos for augmented reality mapping software tutorials to the suspect and then demanded info on anyone who watched them.

        Apparently the feds believe opening a link is a criminal activity that allows them to circumvent the 1st and 5th amendments of unrelated third parties. This is beyond overreach.
        • It wasn't even about taboo topics either.
        • SCOTUS has affirmed multiple times that the 4th amendment is garbage and the police can do all the fishing they want. (for example, 2016 rulling of Utah v. Strieff. a 2008 refusal to hear an appeal of ACLU v. NSA, and many more)

        • Being curious isn't illegal. If this even makes it in front of a judge, there isn't a hope in hell that this isn't deemed an unconstitutional search

          • Being curious isn't illegal. If this even makes it in front of a judge, there isn't a hope in hell that this isn't deemed an unconstitutional search

            It's been in front of a judge. They had a search warrant demanding the information, who do you think authorizes search warrants? Funnily, the authorities are almost always authoritarians and don't see any problem with invasive dragnets since "it's for your own good".

      • by Powercntrl ( 458442 ) on Sunday March 24, 2024 @08:38PM (#64341691) Homepage

        Watching videos or reading books about taboo topics isn't illegal though.

        Possessing CSAM is illegal, because since harmed children were involved at some point, lawmakers completely lost their minds over it. It's really difficult to defend something pedophiles are into without being accused of being a sympathizer or a pedophile yourself. There's a lot of nuance involved in trying to clearly explain that while you believe CSAM is a filth that should be wiped from the Earth, criminalizing its possession is problematic in the same way that if you do Uber and one of your riders leaves their illegal drugs in your car, that could be a big problem for you.

        • by Calydor ( 739835 )

          CSAM is specifically illegal ON TOP of being taboo, though.

          And these weren't CSAM videos. They were videos about using drones to make maps. Would you open a video promising some cool panoramic drone shots of beautiful areas?

        • by AmiMoJo ( 196126 )

          YouTube actually hosts some material that could qualify as CSAM in some countries. Stuff like videos of African girls dancing topless, or "try on" bikini "reviews" involving under-age children. They are allowed because they aren't exactly pornographic, and in the former case they are a cultural normal for the community they come from. The people uploading them usually turn off the comments because they would otherwise fill up with paedos salivating over the kids.

          The global nature of the internet makes these

    • I imagine it's something simple - they probably have a specific individual (or small number of individuals) already in mind, and they want to see if he (or one of them) shows up on the list of viewers reported by Google.

      Another possibility is they added something innocuous and specific to the URL's query string they sent him; e.g. something like

      https://youtu.be/dQw4w9WgXcQ?s... [youtu.be]

      Of course this would only work on very stupid criminals. But, given the guy is a Bitcoiner, there's admittedly a good chance that's

      • Then they should divulge their methodology and have only the data associated with their official suspect covered by a warrant. This is like getting to search everyone's home because they live near a suspect.
        • This is like getting to search everyone's home because they live near a suspect.

          No it is like the police requesting the list of owners of a "White Tacoma truck second generation" because the suspect was seen in one. Thousands of people own such a truck, or have seen the video that a witness reported was playing moments before crime happened. Sometimes the police are lucky with the list, there are very few people in the target age group, or one of them is repeat offender of the crime in question and it's worth requesting a statement from them.

        • Re: (Score:2, Insightful)

          by Anonymous Coward

          Then they should divulge their methodology and have only the data associated with their official suspect covered by a warrant.

          How do you know they didn't restrict the data? Did you read the warrant request? The summary says over 30,000 people watched the video but the request was only for the people that watched the video during the first 8 days.

          In order to get a warrant they had to convince the judge that the information was needed for the investigation and was sufficiently narrow enough to not constitute a fishing expedition. If the videos were intended as a honeypot link because the cryptocurrency launderers were using untra

      • If that be the case, then I feel at best Google could be compelled to answer a simple binary enquiry whether a certain i.p. address or person has watched that video, yes or not.

        Regardless, I wonder how this works with countries whose data protection laws are stronger. Youtube is allowed to operate in the E.U. because they guarantee to apply E.U. data protection laws to E.U. citizens, but when a U.S.A. court can simply compell them to surrender it this does not mean much though I believe they legally can't e

    • (If the answer is in the Forbes article, it is pay-walled.)

      No, it's not paywalled. It's perfectly readable. The problem must be on your end.

      Hans Kristian Graebener = StoneToss

      • Not paywalled? What's the big "Buy access" banner over the top for? Or did you access some site other than forbes.com?

        • Not paywalled? What's the big "Buy access" banner over the top for? Or did you access some site other than forbes.com?

          As I said, not paywalled. I clicked the link in the blurb. There is no banner over the top. The problem must be on your end.

        • Perhaps you already reached some Forbes article limits?

          Try to delete the cookies and retry.

      • Ahh doxxing people you don't agree with in an effort to have them shunned and persecuted. How tolerant and liberal of you.
      • by vbdasc ( 146051 )

        Tell us you don't know how paywalls work without telling us you don't know how paywalls work. Mission accomplished.

    • It said there were multiple videos, and didn't suggest they were related to anything dodgy themselves. But when you get the viewing logs of these handful of videos, and find the same user account viewed them all, and at about the times you sent the links, you've got your man.

      • by AmiMoJo ( 196126 )

        Unless someone else happened to be looking at videos on that topic, and clicked through a few recommended links. The police probably found the videos the same way, just following what the YouTube algo recommended.

        If YouTube is to be believed then the guy may not be in their logs anyway, if they don't record views in incognito mode.

    • Send the criminal a YouTube link with a tracker. Subpoena everyone who watched the video at that time. Voila.

    • Perhaps they sent a link to a contact that they cannot identify, perhaps through an anonymous messaging service. Then, they see who viewed that link.

    • It makes sense to track people viewing something like child porn, or perhaps videos advocating terrorism

      Congrats, you've just made running a Tor exit node illegal.

  • by SuperKendall ( 25149 ) on Sunday March 24, 2024 @05:52PM (#64341413)

    A few times, I've fallen asleep watching some YouTube video on the couch, and woken up an hour or two later... with several videos having been played through while I was basically AFK.

    Seems pretty bad to capture data on people watching anything, on a platform that auto-plays random strings of videos based on what it thinks you might want to see. Or, at the very least a pretty useful dataset.

    • by Calydor ( 739835 ) on Sunday March 24, 2024 @05:57PM (#64341419)

      Hell, even just holding the mouse cursor over a video with an interesting title or thumbnail may count as 'viewing'.

      • Indeed it does. I've seen all sorts turn up in my watch history due to leaving the mouse cursor hovering over them in my feed. Doubly annoying since certain browsers like Vivaldi pass through the mouse over events even when it's not the active window. Yes I have said I like this feature in the past, well now it annoys me.
    • by bjwest ( 14070 )
      Why would you have autoplay turned on? That's one of the first things I disable on any site I use that allows it.
      • Re: (Score:2, Interesting)

        Because some people don't watch main stream TV and if you want a TV like experience then auto play provides that. Sometimes I watch something about a particular topic and it will auto play other related videos and i just leave it on in the background as something to listen to while working on something else.
    • If you want to make sure that you're not being tracked because some random video played while you slept, do what I do: turn off autoplay. If you're going to watch random videos, you be the one to decide which ones, not some unknown algorithm that may well be biased to show you things pushing some political agenda that you completely disagree with.
    • Depends if they uploaded it as a "private" video. As a private video you're only going to be able to view it with a direct link to the video. If that's the case then everyone who viewed the video has some sort of connection with the suspect
      • That would make some sense, but how did it end up with over 30K views if it was private? I suspect they didn't think of that and uploaded a regular video. Also, they could see that the video had thousands of views but were still hoping to find the one person they were looking for among all that data. Not to mention the likelyhood that the criminal guy may well browse with Tor, or at least in incognito mode. Or that he never watched it because he doesn't click on links in spam email. They must have been seri

    • My experience has been the longer you leave YouTube on autoplay, the weirder the recommended videos become. I watch some of the YouTube scientists/tinkerers/makers and it doesn't take long before the algorithmic rabbit hole goes into the realm of pseudoscience, conspiracy theory, and overunity videos.

  • by 93 Escort Wagon ( 326346 ) on Sunday March 24, 2024 @05:58PM (#64341423)

    It's apparently a rather outdated concept.

    • how so? they aren't charging 30k people, they arre investigating. Are you suggesting police have to have absolute proof of an individuals guilt before they investigate them? not many crimes would get solved that way.
      • by taustin ( 171655 ) on Sunday March 24, 2024 @07:32PM (#64341619) Homepage Journal

        The real world problem that comes up is that those lists end up as part of police databases of "people of interest" in serious cases. No matter how innocent and harmless you are, once you name is on one of those lists, it's on every list, now and forever. And after a while, the detectives tend to conclude that "well, if he's been on that many suspect lists, he must be guilty of something."

        There are ways to dealing with that BS, but it is a real world issue.

        • Just try getting to 60 without being on multiples of lists. "One time, a video autoplayed, multiple times, my phone was in an area where a crime was occurring, another time, I was driving next to a car that had an abducted child in it but the RFID readers in the overpass were not calibrated so I was pulled in for questioning, I was in DC and my phone pinged near a meeting of mafia members. etc etc" and by the time you are 60, you are suspected of everything and can be found on every type of list.

          But this is

      • by vbdasc ( 146051 )

        how so? they aren't charging 30k people, they arre investigating..

        It's all fun and games, until you get refused entry on a plane due to belonging to some list. Or failing a background check for your new dream job.

    • by evanh ( 627108 ) on Sunday March 24, 2024 @06:59PM (#64341555)

      The real problem is the collection of user tracking data in the first place.

      It's the same problem that all social media has. They desire the most advertising pull possible. User behaviour is a biggie for them in that race to the bottom. So much so that it pushes other businesses right out of business.

    • by taustin ( 171655 )

      The old saw they will parrot is "If you haven't done anything wrong, you have nothing to hide."

      I'd bet they'd sing a different tune if they were on that list, though.

      • The old saw they will parrot is "If you haven't done anything wrong, you have nothing to hide."

        Didn't the feds demand that google keep their request secret?
        Guess they knew they were doing something wrong ...

    • everyone is guilty.

  • ... Google was ordered by federal investigators to quietly hand-over ...

    Authoritarian : You have rights, until you don't.

    Long-live the War on Rights ^H^H^H^H^H Terror. </sarcasm>

  • no-one notices they are a frog, and that the water is getting hotter.
  • by gweihir ( 88907 ) on Sunday March 24, 2024 @06:01PM (#64341441)

    And too little accountability. This should cost the judge their job.

    • by Bahbus ( 1180627 )

      Don't worry, now the judge will be on "some sort of list".

    • by evanh ( 627108 )

      No, the collecting of user tracking data by the social media companies is just way too tempting a honey pot to not pillage.

      Youtube doesn't actually need our personal info to function. It's just an ad money grab that ends up pushing other businesses out of business.

  • by noshellswill ( 598066 ) on Sunday March 24, 2024 @06:20PM (#64341479)
    If the videos were legal to display, then how can they be illegal to read. What about my old copies of TBBOM and TTH  ? They were never illegal, but could the Feds interrogate me for reading them again ( for the first time in 15 years ) ? As a child I might have gotten in hot water for having a copy of Lady Chatterleys' Lover ... with my parents hot water. 
    • by nukenerd ( 172703 ) on Sunday March 24, 2024 @07:15PM (#64341585)
      There seems nothing in the videos themselves that is illegal. This is part of the police following a trail that might lead to a criminal. It is like the police knowing that someone robbed a bank and drove of in a a red BMW, so they are checking the register of all red BMWs for ones that were in the area at the time. They won't jail everyone with a red BMW, it is just the first step in an investigation.
      • Right, but the tracking of all BMWs is (weirdly, in my opinion) not protected by the US Constitution. The tracking of everyone's media habits is explicitly protected under the First Amendment. Stopping this kind of overreach is why so many librarians across the USA over the last decade stopped saving information about who had previously checked out books and why some went so far as to stop tracking who currently had books checked out, relying on most people to be on their honor to return materials. This is

      • They won't jail everyone with a red BMW, it is just the first step in an investigation.

        It is clear that you have never owned a red BMW when a red BMW is part of a crime. The way it works if you have a red BMW in this instance is that the prosecutor checks your alibi and if it is not defensible enough, you get charged. Crime solved, you go to prison. Nothing more is needed.

        I absolutely do love your faith in the righteousness of our 'justice system'. It is adorable. You should fix that outlook because when Reality smacks you in the face, it is too late and the results are even more unbearable b

  • This one should (Score:4, Insightful)

    by hdyoung ( 5182939 ) on Sunday March 24, 2024 @06:21PM (#64341481)
    Go up to the supreme court. That’s an absolutely fundamental question about how far the rights of US citizens extend on the net. Exactly what the SC was built for.
    • by SeaFox ( 739806 )

      Yeah, I don't know if I want the currently sitting Supreme Court dealing with this. The results are likely to be less privacy protections for me, not more.

      Imagine a green-light for some corporation to demand the list of everyone who viewed a copyright-infringing video, so they can shake them down with a "pay or be sued" letters.

      • This Supreme Court has actually been better than I expected. They seem to have realized that overturning RvW pushed them all the way to the far right of what the country is willing to tolerate, and that pushing right wing much further would generate an actual backlash. Since then theyve been fairly middle-ground. I doubt they would approve the power for any random activist judge in east texas to single-handedly force some mega internet corp to hand over ALL THE DATA. For example, that means that the porn-vi
    • Yeah no. The supreme court (no capitalization here anymore) is a disgusting joke of partisan politics. It is an utterly and completely failed institution that earns no respect. They could rule on water being wet and I wouldn't agree or care. Roe v Wade was the final straw. There is no honor there.

      And the various States behavior regarding this issue makes me think the USA has failed entirely. It will take a while for the results to be felt, but the USA is done as a democratic republic. I have no idea what it

  • Ignoring any argument about the legality of the court order: I do understand a desire by FBI to keep this secret while they are doing their investigation. However: once this is done then Google should be mandated to disclose the request. I want this as it keeps the government/FBI/... honest, it stops them doing fishing expeditions that are morally/legally dubious. This disclosure (eg putting on a web page somewhere) should be required for all such information requests after a suitable period.

    The government will fight to not do this but unless we know what they do how do we trust them ?

  • Often with secret celluar or altnet networks like sidewalk and zigbee too, just in case you want to distribute any dodgy discs.
  • Who the hell gives Google their names, addresses, telephone numbers? Before anyone says they know those anyway - I do have a Google account but with a throw-away name and judging by the ads in my search results they think I live 200 miles from where I really do, so at least they don't know my address. I did not even give them a false address, they have never asked for one, nor for a phone number.
    • You don't have to give it voluntarily, they can mine it out of all the data the are constantly vacuuming up from more sources than you can likely imagine.

      If you have an Android phone and it connects to your home WiFi, they can even figure out which of your family members you are spending the most time with. And where each of you works or goes to school, and what your schedules are.

      If you use Google, they probably know more about you than you do... If they care to look at the data.

    • by Dwedit ( 232252 )

      If you are a YouTube creator, and want your video to have a non-default thumbnail, you have to give YouTube a phone number.

    • The may be getting what they think is your location by using reverse DNS to get the name of your IP address. Most ISPs name their IP addresses using a system based on the location of the router assigning it. If, as often happens, that router is nowhere near you, anybody doing that gets your location wrong; sometimes, as in your case, very badly wrong. In my case, my IP's name locates it only 100 miles away; still far enough to mislead anybody trying to find me from it, but not as badly as yours does.
  • Full article (Score:5, Informative)

    by jacks smirking reven ( 909048 ) on Sunday March 24, 2024 @07:32PM (#64341621)

    Copied from a reddit post,
    https://www.reddit.com/r/techn... [reddit.com]

    Feds Ordered Google To Unmask Certain YouTube Users. Critics Say It’s ‘Terrifying.’

    In two court orders, the federal government told Google to turn over information on anyone who viewed multiple YouTube videos and livestreams. Privacy experts say the orders are unconstitutional.

    Thomas Brewster, Mar 22, 2024

    The government orders show an "unconstitutional" overreach by the government, multiple privacy experts said.

    Federal investigators have ordered Google to provide information on all viewers of select YouTube videos, according to multiple court orders obtained by Forbes. Privacy experts from multiple civil rights groups told Forbes they think the orders are unconstitutional because they threaten to turn innocent YouTube viewers into criminal suspects.

    In a just-unsealed case from Kentucky reviewed by Forbes, undercover cops sought to identify the individual behind the online moniker “elonmuskwhm,” who they suspect of selling bitcoin for cash, potentially running afoul of money laundering laws and rules around unlicensed money transmitting.

    In conversations with the user in early January, undercover agents sent links of YouTube tutorials for mapping via drones and augmented reality software, then asked Google for information on who had viewed the videos, which collectively have been watched over 30,000 times.

    The court orders show the government telling Google to provide the names, addresses, telephone numbers and user activity for all Google account users who accessed the YouTube videos between January 1 and January 8, 2023. The government also wanted the IP addresses of non-Google account owners who viewed the videos. The cops argued, “There is reason to believe that these records would be relevant and material to an ongoing criminal investigation, including by providing identification information about the perpetrators.”

    “No one should fear a knock at the door from police simply because of what the YouTube algorithm serves up.”

    Albert Fox-Cahn, executive director at the Surveillance Technology Oversight Project The court granted the order and Google was told to keep the request secret until it was unsealed earlier this week, when it was obtained by Forbes. The court records do not show whether or not Google provided data in the case.

    In another example, involving an investigation in New Hampshire, the Portsmouth Police received a threat from an unknown male that an explosive had been placed in a trashcan in a public area. The order says that after the police searched the area, they learned they were being watched over a YouTube live stream camera associated with a local business. Federal investigators believe similar events have happened across the U.S., where bomb threats were made and cops watched via YouTube.

    They asked Google to provide a list of accounts that “viewed and/or interacted with” eight YouTube live streams and the associated identifying information during specific timeframes. That included a video posted by Boston and Maine Live, which has 130,000 subscribers. Mike McCormack, who set up the company behind the account, IP Time Lapse, said he knew about the order, adding that they related "to swatting incidents directed at the camera views at that time."

    Again, it’s unclear whether Google provided the data.

    "With all law enforcement demands, we have a rigorous process designed to protect the privacy and constitutional rights of our users while supporting the important work of law enforcement,” said Google spokesperson Matt Bryant. “We examine each demand for legal validity, consistent with developing case law, and we routinely push back against overbroad or otherwise inappropriate demands for user data, including objecting to some demands entirely."

    The Jus

    • by sjames ( 1099 )

      So it seems they like watching others just fine, but they don't like when others watch them...

  • Shouldn't have done that, shouldn't do that.

  • If it's not illegal content, post link. Then everyone watches it.

    I'll be the one who watches it anonymously by hopping on the judges mistresses WiFi.

  • about the effects of courts packed with right wing "tough on crime" judges? Well, this is what we were talking about.

    I hate to say I told ya so, but I told ya so.
  • This is a pretty clever tactic, actually. This is the virtual of sending your suspect a free movie ticket and watching the theater to see if they show up.

    Admittedly, the technology makes this pretty lazy on the part of the cops, and easily defeated if you have good opsec, but still clever.

    If you're laundering money or doing crimes online, better make sure you're not stupid enough to give Google your real name or address. There should be zero crossover between your "doing crimes" profile and your real-life o

    • by sjames ( 1099 )

      That's fine if you send ONE ticket to one person, and then question the ONE person who presents it at the theater.

  • The law is the law, it's not made up by courts.
  • This will only drive more "bad guys" to using fake IDs and VPNs or proxies. Many of these people are not dumb, I am sure quite a few roll their own VPN and after a period of time shut it down and move it to another place.

    All this does is allow the authorities drag in innocence people for questioning and force many to use a VPN too.

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