[HacktionLab] Anonymity over for Wordpress bloggers?

[m3shrom]

http://manchestermule.com/article/anonymity-over-for-wordpress-bloggers

As the University of Salford continues to pursue a former lecturer for
libel, MULE can reveal that the Californian company behind the Wordpress
blogging site voluntarily handed over personal information relating to
users – despite their denials. Gary Duke’s supporters claim the move
deals a blow for online anonymity.

In the latest twist of the case Automattic Inc, the Californian company
which owns blog-hosting website Wordpress, has denied breaching its own
rules on anonymity for users – in the face of legal documents and the
contents of an email from their CEO which indicate the contrary.

The accusation of violating user privacy was first levelled by Dr Gary
Duke in December. He alleged the company had handed over
personally-identifying information to lawyers for the University of
Salford (UoS) in absence of a court order legally requiring the company
to do so – and in contravention of the US Constitution.

UoS lawyers had requested an extensive list of IP addresses in order to
identify the author of a blog entitled ratcatchersofthesewer, which
allegedly defamed members of staff at the University. This would allow
them to proceed with a libel case.

An extensive list of IP addresses of all users who had been active on
the blog was duly handed over to UoS lawyers.

When contacted by MULE, Automattic CEO Toni Schneider insisted that the
information was only handed over on the basis of a valid court order
requiring the company to do so.

This is in line with the Automattic’s privacy policy, which states that
the company only “discloses potentially personally-identifying and
personally-identifying information…when required to do so by law, or
when [it] believes in good faith that disclosure is reasonably necessary
to protect the property or rights of WordPress.org, third parties, or
the public at large.”

However, legal documents seen by MULE indicate that no such order was
granted in a UK court and that large amounts of personally-identifying
information were handed over without legal cause.

In an undated note to the High Court in Manchester, Counsel for UoS
Simon Vaughans attests that the company “was prepared to make voluntary
disclosure of the identity of the websites [sic] creator,” before going
on to list the relevant IP address obtained. According to Vaughan’s
statement the disclosure also “sets out at length the records regarding
the identity of those who have contributed to the blog.”

This is followed by an affidavit signed by Toni Schneider on November 10
certifying the veracity of documents disclosed, in response to a request
of records sought by UoS on August 26.

Together these documents show that according to the statements presented
before the court in Manchester no order was required, as Schneider had
already voluntarily handed over a list of all the IP addresses related
to activity on the blog.

In a statement to MULE Schneider has since denied to MULE that this is
the case, stating “[to say we voluntarily handed over information is]
both wrong and damaging to our reputation… [W]e never disclose personal
information unless ordered to do so by a court.”

To add weight to their denial Automattic provided MULE with further
documents which they say prove evidence of a court order. However, these
consist only of an application for a court order by UoS, dated August
26, of which there is no evidence was granted. Duke has argued even if
there was an order from a UK court this would have no binding effect on
Automattic due to its origin in a different legal jurisdiction.

And in email correspondence with Duke the Automattic CEO appeared to
contradict the stated position of the company on the matter, admitting
that “I can tell you in general that we routinely respond to subpoenas
and court orders in law suits that involve a site that is hosted by us,
including international subpoenas (or equivalent). We occasionally
refuse to cooperate with a legal request, but we did not see a reason to
do so in the case of theratcatchersofthesewers.wordpress.com.”

These revelations come following the latest stage in the ongoing
litigation between Duke and UoS.

On December 21 Manchester Court granted an order requiring internet
provider Virgin Media to Virgin to release details of an account holder
corresponding to a specific IP address, one of many on the list earlier
obtained by UoS from Automattic.

Duke unsuccessfully argued against the granting of the order, contesting
that the disclosure was an illegal act in the first place. He claimed
that by handing over the information, Automattic had failed to respect
the constitutionally-protected right of free expression, of which
anonymity of authorship is an integral part according to a US Supreme
Court judgement. He also submitted that an order should be granted
forcing UoS to return the list of IP addresses. These arguments were not
accepted by the court.

The order means that the IP address of the blog’s originator will be
matched to the name of the Virgin user. Consequently UoS will be able to
pursue a full libel case in the High Court.

Duke and his supporters now claim that the move by Automattic could have
wider repercussions for online expression, as bloggers using the
Wordpress site cannot be assured of anonymity or privacy. Wordpress is a
widely-used blogging site and reportedly the internet’s most popular
open source Content Management System.

Suppoters of Duke are concerned that UoS are now in possesssion of an
extensive list of IP addresses of other users associated to the blog,
many of whom did not leave comments. One, who did not wish to be named,
told MULE: “The University demanded details of all contributors, not
just the alleged defamatory contributors. Why should they want that
unless they seek to intimidate and victimise their critics?”

Previously a lecturer at the University, Dr Gary Duke was sacked in 2009
for distributing a satirical magazine which lampooned the Vice
Chancellor and criticised senior management pay. He is taking his former
employers to tribunal for unfair dismissal in March.

Michael Pooler

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