Monday, January 14, 2008

Say Thank You to Amazon.com


Last summer, a grand jury in Wisconsin sent a subpoena to Amazon.com asking it to disclose the identity of used book buyers who supposedly bought books from a guy that the government was investigating for tax evasion. According to the opinion just recently unsealed (In Re: Grand Jury Subpoena to Amazon.com dated August 7, 2006, 2007 U.S. Dist. Lexis 86563), one of the prolific used book dealers on Amazon was a fellow who sold 24,000 books onlineand didn't report the income. None of the buyers (Amazon's on-line customers) was suspected of any wrongdoing. Nor was Amazon accused of doing anything wrong. The government wanted to talk to the customers to build their case against the used bookseller.

Amazon fought the subpoena, contending that the disclosure of the reading habits or preferences of anyone was simply none of the government's business. And, the Magistrate Judge agreed. The subpoena, he said, "...permits the government to peek into the reading habits of specific individuals without their prior knowledge or permitssion". And, "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."

United States Magistrate Judge Stephen L. Crocker, of the Western District of Wisconsin deserves praise for this opinion, and decision. And, I applaud Amazon.com for sticking up for its customers - which it clearly did not have to do. I can certainly envision an on-line vendor quietly supplying lists like this, and letting customers wonder how the feds got the information. Not Amazon -- they stood up for their customers.

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