Judge: Viacom gets 12TB of YouTube user data

By | July 3, 2008, 10:04am PDT

Summary: A federal judge ordered (PDF) Google to hand over 12 terabytes of YouTube user data to Viacom, finding that the list of “login IDs” does not qualify as personally identifying information. In opposing Viacom’s request for the information, Google had asserted users’ privacy rights: “Plaintiffs would likely be able to determine the viewing and video [...]

A federal judge ordered (PDF) Google to hand over 12 terabytes of YouTube user data to Viacom, finding that the list of “login IDs” does not qualify as personally identifying information.

In opposing Viacom’s request for the information, Google had asserted users’ privacy rights: “Plaintiffs would likely be able to determine the viewing and video uploading habits of YouTube’s users based on the user’s login ID and the user’s IP address.”

But the judge found the concerns speculative and waved in its face Google’s own public defenses of collecting IP addresses:

We . . . are strong supporters of the idea that
data protection laws should apply to any data
that could identify you. The reality is though
that in most cases, an IP address without
additional information cannot.

EFF’s Kurt Opsahl said Google should be protected under a federal law that protects video providers from having to turn over personally identifiable information.

“YouTube is a ‘video tape service provider’ under [the VPAA], because it is ‘engaged in the business [of] delivery of … audio-visual materials.’ The VPPA protects ‘personally identifiable information,’ which is defined to include ‘information which identifies a person as having requested or obtained specific video materials or services,’” Opsahl wrote. “This is exactly what is in the logging database.”

The ruling only covers what materials the parties will have to turn over in the discovery portion of litigation; it is not a final decision on the merits.

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Richard Koman

http://government.zdnet.com/?page_id=3731

Biography

Richard Koman

Richard Koman is an attorney admitted to practice in California. As a technology writer since the mid-1980s, Richard Koman has documented the role of computing in the transformation of the graphic arts, the growth of the Web and the birth of the peer-to-peer phenomenon. He worked as a book and web editor for O'Reilly Media throughout the 1990s, editing several influential websites and numerous best-sellers. As a lawyer, as well as a tech writer, he brings a unique perspective to the blog's intersection of law, government and technology.
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I hear you!
croberts 8th Jul 2008
I totally agree. Flash plugin = disabled.

The Web is full of 21st century snake-oil salesmen, and I'd say easily 75% of the internet is total useless crap.
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... used an IP address to take legal action against an individual.

...oh wait. They have.

Never mind.
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Glad I am not a Google Log-On(er)!

Of course who's to say that the data is perfectly intact?

Or, that even if perfectly intact, Viacom's people won't make the wrong assuption based on insufficient total overview?

Can you see some poor mom and pop misidentified because of a logging error!

Mike Sr.
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Google will stop you from browsing
BALTHOR 3rd Jul 2008
I click a link and only Google appears.I use an OS restore program.
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Overkill
AndyCee 3rd Jul 2008
If I understand you correctly, it sounds more likely that your ISP or browser settings are to blame than a website.
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if that makes any sense.

He could possibly benefit from setting his start page to about: blank, or a site of his choosing. Then again, he might be on about something entirely... "other".

Enjoy responsibly. wink
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why has this become such a place of money hungry slobs? I prefer the old way of surfing with no freaking flash ads. I never click on any ad no matter how enticing it looks.
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I hear you!
croberts 8th Jul 2008
I totally agree. Flash plugin = disabled.

The Web is full of 21st century snake-oil salesmen, and I'd say easily 75% of the internet is total useless crap.

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