In ‘Chilling’ Ruling, Chevron Granted Access to Activists’ Private Internet Data

"Sweeping" subpoena violates rights of those who spoke out against oil giant’s devastating actions in Ecuador

– Lauren McCauley, staff writer

Following their guilty sentence for the dumping of 18.5bn gallons of toxic waste in the Ecuadorian Amazon, Chevron is amassing the personal information of the environmentalists and attorneys who fought against them in an effort to prove ‘conspiracy.’  The US government is not the only entity who, with judicial approval, is amassing massive amounts of personal information against their so-called enemies.

A federal judge has ruled to allow Chevron, through a subpoena to Microsoft, to collect the IP usage records and identity information for email accounts owned by over 100 environmental activists, journalists and attorneys.

The oil giant is demanding the records in an attempt to cull together a lawsuit which alleges that the company was the victim of a conspiracy in the $18.2 billion judgment against it for dumping 18.5 billion gallons of oil waste in the Ecuadorean Amazon, causing untold damage to the rainforest.

The "sweeping" subpoena was one of three issued to Google, Yahoo! and Microsoft.

"Environmental advocates have the right to speak anonymously and travel without their every move and association being exposed to Chevron," said Marcia Hofmann, Senior Staff Attorney with the Electronic Frontier Foundation, who—along with environmental rights group EarthRights International (ERI)—had filed a motion last fall to "quash" the subpoenas.

"These sweeping subpoenas create a chilling effect among those who have spoken out against the oil giant’s activities in Ecuador," she added at the time.

According to ERI, the subpoena demands the personal information about each account holder as well as the IP addresses associated with every login to each account over a nine-year period. "This could allow Chevron to determine the countries, states, cities or even buildings where the account-holders were checking their email," they write, "so as to ‘infer the movements of the users over the relevant period and might permit Chevron to makes inferences about some of the user’s professional and personal relationships.’"

In their statement about the ruling, ERI notes that the argument given by presiding US District Court Judge Lewis Kaplan—who was previously accused of prejudice against the Ecuadorians and their lawyers—was as "breathtaking as the subpoena itself." They continue:

According to Judge Kaplan, none of the account holders could benefit from First Amendment protections since the account holders had “not shown that they were U.S. citizens.”

Now, let’s break this down. The account-holders in this case were proceeding anonymously, which the First Amendment permits. Because of this, Judge Kaplan was provided with no information about the account holders’ residency or places of birth. It is somewhat amazing then, that Judge Kaplan assumed that the account holders were not US citizens. As far as I know, a judge has never before made this assumption when presented with a First Amendment claim. We have to ask then: on what basis did Judge Kaplan reach out and make this assumption?

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This work was published on Thursday, July 11, 2013 by Common Dreams and is licensed under a Creative Commons Attribution-Share Alike 3.0 License (Photo: Rainforest Action Network/ cc/ Flickr)

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Tell Me Again How Corps Have Our Best Interests at Heart and that Fracking is Good

Just as a fracking operation is starting up in Elko County, and … just as President Obama is getting ready to nominate a new Secretary of Energy to run the Department of Energy, a post on Truth-Out reminds us ‘why’ this appointment is so important.  The rumored name for the appointment just happens to be a proponent of fracking … so … if he were to be appointed, how likely do you believe it would be that regulatory action would be taken against Energy Corporations doing verifiable damage to our environment?  Here’s an excerpt, but please take a moment to click the link below and read the full article.

“Hydraulic fracturing, or fracking, is a controversial drilling technique that is facilitating an oil and gas boom in Ohio and nearby states. Fracking produces large quantities of chemical-laced waste fluids and mud.

Ben Lupo, owner of D&L Energy and Hardrock Excavating, pleaded not guilty Thursday to federal felony charges under the Clean Water Act.

On the night of January 31, state investigators acted on an anonymous tip and caught Lupo’s employees dumping oil and gas drilling waste – fluid, mud and oil – into a storm sewer that empties into a tributary of the Mahoning River, according to the Justice Department …”

Read the full article here

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Speak Out Against Fracking in Nevada

Fracking is a dangerous method of oil and gas extraction that contaminates water and puts nearby residents at risk of serious illnesses, including cancer and asthma. And it’s coming to Nevada.

As if fracking could get any worse for arid Nevada, each fracked oil well consumes millions of gallons of water and turns it into toxic wastewater. But that isn’t stopping Noble Energy from planning a massive 350,000 acre, $130 million fracking project in Elko County.

The project requires approval from Governor Sandoval to move forward. He’ll be under tremendous pressure to green-light the disastrous project, so it’s urgent that Nevada residents speak out against the project now.

Tell Governor Sandoval: “Don’t frack Nevada!”

Sign the Petition