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Federal prosecutors have withdrawn a subpoena, which
demanded information on the reading habits of thousands of Amazon.com.Inc.
customers as part of its case against one man, newly unsealed court records
show.
U.S. Magistrate Judge Stephen Crocker ruled in June that the
customers have a First Amendment right to keep their reading habits from the
government. He rejected the Justice Department’s subpoena for details on Amazon’s
customers and their purchasing habits.
"The (subpoena's) chilling effect on expressive e-commerce would frost
keyboards across America.
Well-founded or not, rumors of an Orwellian federal criminal investigation into
the reading habits of Amazon's customers could frighten countless potential
customers into canceling planned online book purchases," the judge wrote
in his order, according to the Associated Press.
The case was part of an investigation into a former Madison official Robert D’Angelo who used to
be a prolific seller of used books on Amazon. D’Angelo did no declare the sales
of the books on his tax returns, so the FBI searched for witnesses who could say
they bought books from him. He was indicted in October on fraud, money
laundering and tax evasion charges. He pleaded not guilty.
The subpoena was the FBI’s solution to solve the case. They asked Amazon to provide
24,000 names, addresses and book information dating back to 1999, but the
website did not agree.
Later prosecutors reviewed their asking, saying that details of 120
customers would provide enough information for the case.
Amazon did not agree second time either and cited the First Amendment right.
"When we don 't know what the government wants the information for and
we have a doubt whether it violates privacy or First Amendment rights,
typically we will dialog with the government and try to understand what their
perspective is or we'll make a motion and have a judge decide whether the government
has any need for the information," David Zapolsky, vice president of
litigation for Amazon told the Wisconson State Journal.
If the Wisconsin subpoena had been directed
at a credit card company or bank, the customer records would probably have been
handed over without any argue. Booksellers and libraries, on the other hand,
benefit from the First Amendment protections under the U.S. law that
can protect their privacy from police’s demands.
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