29 November 2007

U.S. withdraws subpoena seeking identity of 24,000 Amazon.com customers

By the Associated Press in the Herald Tribune:
MADISON, Wisconsin: U.S. prosecutors have withdrawn a subpoena seeking the identities of thousands of people who bought used books through online retailer Amazon.com Inc., newly unsealed court records show.

The withdrawal came after a judge ruled the customers have a right to keep their reading habits from the government […]

[U.S. Magistrate Judge] Crocker — who unsealed documents detailing the showdown against prosecutors' wishes — […] "The subpoena is troubling because it permits the government to peek into the reading habits of specific individuals without their knowledge or permission," Crocker wrote. "It is an unsettling and un-American scenario to envision federal agents nosing through the reading lists of law-abiding citizens while hunting for evidence against somebody else." […]

The initial subpoena sought records of 24,000 transactions dating back to 1999. The company turned over many records but refused to identify the book buyers, citing their right to keep their reading choices private.

Prosecutors later narrowed the subpoena, asking the company to identify a sample of 120 customers.

Crocker brokered a compromise in which the company would send a letter to the 24,000 customers describing the investigation and asking them to voluntarily contact prosecutors if they were interested in testifying.

Prosecutors said they obtained the customer information they needed from […] computers they seized earlier in the investigation.

Crocker scolded prosecutors in July for not looking for alternatives earlier. […] "If the government had been more diligent in looking for workarounds instead of baring its teeth when Amazon balked, it's probable that this entire First Amendment showdown could have been avoided," he wrote.

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