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Judge Orders Google to Turn Over YouTube Records

by: Miguel Helft  |  Visit article original @ The New York Times

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    San Francisco - A federal judge in New York has ordered Google to turn over to Viacom a database linking users of YouTube, the Web's largest video site by far, with every clip they have watched there.

    The order raised concerns among users and privacy advocates that the online video viewing habits of tens of millions of people could be exposed. But Google and Viacom said they were hoping to come up with a way to protect the anonymity of YouTube viewers.

    Viacom said that the information would be safeguarded by a protective order restricting access to the data to outside advisers, who will use it solely to press Viacom's $1 billion copyright suit against Google.

    Still, the judge's order, which was made public late Wednesday, renewed concerns among privacy advocates that Internet companies like Google are collecting unprecedented amounts of private information that could be misused or could unexpectedly fall into the hands of third parties.

    For every video on YouTube, the judge required Google to turn over to Viacom the login name of every user who watched it, and the address of their computer, known as an I.P., or Internet protocol, address. Both companies have argued that such data cannot be used to unmask the identities of individual users with certainty. But in many cases, technology experts and others have been able to link I.P. addresses to individuals using records of their online activities.

    Google and Viacom said they had had discussions about ways to ensure the data is further protected to assure anonymity.

    "We are disappointed the court granted Viacom's overreaching demand for viewing history," Catherine Lacavera, Google's senior litigation counsel, said in a statement. "We are asking Viacom to respect users' privacy and allow us to anonymize the logs before producing them under the court's order."

    Michael Fricklas, Viacom's general counsel said: "We are investigating techniques, including anonymization, to enhance the security of information that will be produced."

    Mr. Fricklas added that Viacom would not have direct access to the information Google produces, and that its use would be strictly limited. Viacom would not, for example, be able to chase down users who illegally posted clips from "The Colbert Report" on YouTube.

    "The information that is produced by Google is going to be limited to outside advisers who can use it solely for the purpose of enforcing our rights against YouTube and Google," Mr. Fricklas said. "I can unequivocally state that we will not use any of this information to enforce rights against end users."

    In a letter sent Thursday, Google's lawyers asked their counterparts at Viacom to agree to allow Google to remove information from the data that could potentially be used to identify individuals.

    "We request that plaintiffs agree that YouTube may redact usernames and I.P. addresses from the viewing data in the interests of protecting user privacy," wrote David H. Kramer, a partner at Wilson Sonsini Goodrich & Rosati. Viacom did not immediately respond to a request for comment on the letter.

    Privacy advocates said they welcomed Viacom's commitment to using the information only for the purposes of the litigation, but they remained concerned about protecting user rights.

    "Users should have the right to challenge and contest the production of this deeply private information," said Kurt Opsahl, senior staff lawyer at the Electronic Frontier Foundation. Such right is protected by law, he said.

    Mr. Opsahl said that even records that did not include a user's login name and I.P. address might be able to be associated with specific individuals. He said he believed the judge's order violated the federal Video Privacy Protection Act.

    Congress passed the law to protect the video rental records of individuals, after a newspaper disclosed the rental records of Robert H. Bork, then a Supreme Court nominee.

    United States District Court Judge Louis L. Stanton, who is presiding over Viacom's lawsuit against Google and YouTube, said that Google could "cite no authority barring them from disclosing such information in civil discovery proceedings, and their privacy concerns are speculative." He said the information could help Viacom make its case.

    "A markedly higher proportion of infringing-video watching may bear on plaintiff's vicarious liability claim, and defendants' substantial noninfringing use defense," he wrote.

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IN ACCORDANCE WITH TITLE 17 U.S.C. SECTION 107, THIS MATERIAL IS DISTRIBUTED WITHOUT PROFIT TO THOSE WHO HAVE EXPRESSED A PRIOR INTEREST IN RECEIVING THE INCLUDED INFORMATION FOR RESEARCH AND EDUCATIONAL PURPOSES. TRUTHOUT HAS NO AFFILIATION WHATSOEVER WITH THE ORIGINATOR OF THIS ARTICLE NOR IS TRUTHOUT ENDORSED OR SPONSORED BY THE ORIGINATOR.

"VIEW SOURCE ARTICLE" LINKS ARE PROVIDED AS A CONVENIENCE TO OUR READERS AND ALLOW FOR VERIFICATION OF AUTHENTICITY. HOWEVER, AS ORIGINATING PAGES ARE OFTEN UPDATED BY THEIR ORIGINATING HOST SITES, THE VERSIONS POSTED ON TO MAY NOT MATCH THE VERSIONS OUR READERS VIEW WHEN CLICKING THE "VIEW SOURCE ARTICLE" LINKS.

Comments

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why is youtube storing

why is youtube storing viewing history in the first place?

I am a YouTube watcher and

I am a YouTube watcher and account holder. Personally, I think this suit is long in coming. Copyright infringement is seen by many as a non-crime. However, for someone like me, who makes his living from intellectual property, it is a serious matter. I'm very concerned that someone will illegally post text, audio and/or video files that belong to ME, without receiving fair compensation. For those who say "but you get free promotion", my response is that it is MY choice whether or not to give away my intellectual property, not someone else's. While this case is fought between two behemoths, it will shape MY future, as well as that of all others who create intellectual property. For that reason, I say "go Viacom!"

Remember the 4th

Remember the 4th Amendment! Fourth Amendment - Search and Seizure The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Article of Impeachment #24 against GW Bush: Spying on American Citizens, Without a Court-Ordered Warrant, in Violation of the Law and the Fourth Amendment Article of Impeachment #25 against GWB: Directing Telecommunications Companies to Create an Illegal and Unconstitutional Database of the Private Telephone Numbers and Emails of American Citizens. Impeach to restore amendment rights! For more information: http://www.impeachbush.tv/args/wiretaps.html Impeach to enforce the US Constitution!

I agree mostly with the

I agree mostly with the copyright infringement/intellectual property argument, but I think that a more fundamental issue here is privacy rights. You need to understand that if the order to disclose is allowed to stand as is, it represents an unprecedented erosion of personal privacy. It becomes the new standard and can be used to help justify intrusions in other arenas, like email, postal mail, employee records, consumer and bank transaction records, school and medical records... All things we think of as our private business. I do not think we should be going in this direction.

It deeply concerns me, and

It deeply concerns me, and has for some time, that corporations such as Google collect records of EVERYTHING you do on the web. You don't even have to actively go there, they collect statistics on many other site visits also, and as is noted in the article although they say they don't collect identity information they do and simply claim it cannot easily be connected to an individual. If the video rental records of Bork should be a private matter (which they should) then all the information about what people are viewing and what sites they visit is also a private matter. Imagine not only video stores' records, but supermarkets, drugstores, etc. all keeping records on exactly what you bought and using those records as they saw fit and without consulting you. Imagine your government having a law against their doing this form of spying that they can easily circumvent (and do) by using big business as their proxy. Welcome to Orwell's world.

The ability to record it

The ability to record it all, because they can, gives big corporations incentive to use that feature to explore new avenues of revenue. Do the people who use YouTube and Google really understand the ramifications of their activity in a legal sense? Probably not, they're having fun, learning a new way to communicate, etc. So the litigation is about Viacom collecting from Google and YouTube, but in the process, exposing the recording and viewing activity of millions of YouTube users who don't know or care about the minutae of intellectual prop. law. What's next? Rounding up thousands of internet users and shaking them down on the basis of intellectual property rights? Maybe not, but this seems fundamentally wrong as an infringement of privacy, not to mention greedy in the extreme, and an example of why corporations must not have the rights of the individual, and why corporations should not be able to amass such wealth that they can potentially reach out and touch all those users who copied their material in the spirit of communication. Notice Google is "asking" Viacom to anonymize user logs. It's business to them, and it's a game. Not necessarily about rights. It seems to me, a layperson and not a lawyer, that it wouldn't take much finagling with the law, and corporations already enjoy ridiculous power, before the individual is truly at the mercy of "the media". To the post who thinks it's his choice to give away his intellectual property and not someone else's, I say, it may be if you can prove it in court. The internet is new. And what's not new is testing legal limits, especially of something new, and exploiting it to benefit the bottom line, particularly when you have the resources. For regular people it's their living, for big corporations, a roll of the dice at the casino of justice, with a cool drink at their side. Time to get involved and work to reign in corporate power, AND the gov't enablers and collaborators at all levels that have weakened our rights.

There's a much bigger

There's a much bigger picture here. If Google can be forced to disclose which users have viewed which videos, even those that are not the intellectual property of the plaintiff, to another private corporation which then can sort through them all, then all it would take for anyone to be given that information would be to have but a single video that was improperly posted. In other words, it would be possible to"set up" a situation enabling any corporation or individual to have free access to all the viewing records by having a co-conspirator post a proprietary video, giving standing for a similar suit. And if they can force Google to do this, imagine who's next --the porn tube sites. And what a boon to any political campaign to find that an opposing candidate watched porn videos!

I'm not certain why the

I'm not certain why the viewing habits of individuals who use You Tube are relevant to Viacom's lawsuit, and I haven't seen that question answered in the stories I've read about the case. With regard to copyright infringement, wouldn't it simply be a matter that X clip was viewed Y times? How is responsibility apportioned between You Tube and the users who post videos on the service? (A related question is, why does Truthout need people who post to these blogs to indicate our email addresses? Even though the email address isn’t publicly posted, who might eventually be able to track this information? Might some corporate or political organization be able to gain access to blog records for whatever purpose? As a citizen, I think it’s important to contribute openly to the public conversation about issues. Unfortunately, there are many commercial entities, from corporate marketers to spammers, who want to exploit that for other purposes, and I do object to that. Obviously, posters to blogs such as this have decided that the small risk is worth it, but, personally, I do think about it before pushing the 'Post' button.)

The Viacom lawsuit points up

The Viacom lawsuit points up a much larger issue, it seems to me. Copyright law is so far behind the technological reality that, even though it is heavily slanted in favor of large commercial publishers, in reality it no longer functions to protect the legitimate interests of knowledge creators or society's larger interest in knowledge dissemination. (By 'publisher' I mean all the commercial entities like publishers, video and movie production companies, and so forth--the organizations that end up owning the copyrights.) It is always the case that when an industry's interests (in this case, publishers) so completely dominate public policy in the area (as is the case with copyright law), other stakeholders lose out. The current law is really designed to protect the interests of large-scale commercial interests without much consideration for the interests of individual authors and artists or non-commercial and small-scale creative organizations, much less the interests of end users. Unfettered capitalism always eats itself in the end; it's only when commercial interests are balanced with individual, social and cultural interests that we really benefit from capitalism’s strengths. We need a new, re-balanced, worldwide framework for protecting and compensating knowledge creators while also encouraging the widest possible dissemination of and access to information and creative output. The current framework protects the commercial interests of publishers and distributors at the expense of both producers and users. Viacom probably has a case against YouTube, but no matter the ultimate outcome, the lawsuit itself illustrates the need for a fundamental rethink.

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