Sony Fires Off Letter To Press Outlets Demanding They Cease Publication Of And Destroy Any 'Stolen Information'

Free Speech

from the that-one-time-when-a-major-corporation-shot-itself-in-the-face dept

Mon, Dec 15th 2014 7:50am — Tim Cushing

Sony may have no idea how to how to run a secure enterprise, but it doesn't really take a whole lot of expertise or technical know-how to see that this particular gambit could only backfire.

In a sharply worded letter sent to news organizations, including The New York Times, David Boies, a lawyer for Sony, characterized the documents posted online as “stolen information” and demanded that they be avoided, and destroyed if they had already been downloaded or otherwise acquired.

The studio “does not consent to your possession, review, copying, dissemination, publication, uploading, downloading or making any use” of the information, Mr. Boies wrote in a three-page letter sent Sunday morning to the legal departments of media organizations.

Somebody approved this -- someone higher up than David Boies. And that someone should probably step down and concentrate on staining his yacht deck or seeking to be nominated in the next Congressional election, or whatever it is studio execs do when they've outlived their usefulness.

The letter's wording [pdf link] makes it sound as though the press outlets are doing something illegal (mainly through repetitive use of the word "stolen") but is careful never to make that actual claim. It tries to bluster its way towards legitimacy by inserting a list of "in case of 'stolen' information" requests (worded to look like legal demands) into the letter.

As soon as you suspect that you may have possession of any of the Stolen Information*, we ask that you

(1) notify us using the contact information provided below;

(2) take all reasonable actions to prevent your company and any of your employees, independent contractors, agents, consultants, or anyone who may have access to your files from examining, copying, disseminating, distributing, publishing, downloading,uploading, or making any other use of the Stolen Information;

(3) arrange for and supervise the destruction of all copies of the Stolen Information in your possession or under your control, particularly information protected under US. and foreign legal doctrines protecting attorney-client privileged communications, attorney work product, and related privileges and protections, as well as private financial and other confidential information and communications of current and former personnel and others, confidential personnel data, intellectual property, trade secrets andother business secrets and related communications; and

(4) confirm that such destruction has been completed.**

In addition, if you have provided the Stolen Information to anyone outside of your company, we ask that you provide them with a copy of this letter, and request the destruction of the Stolen Information by the recipient.

[*"Stolen Information" being much more sensitive than your garden variety, lower-case "stolen information," obvs.]
[**"Recycle Bin had little pieces of paper in it, but now appears to be empty."]

I imagine the contact information provided is swiftly being bombarded with ridicule, fake tips, more ridicule, more fake tips and pictures of empty Recycle Bins.

The only threat in the document (other than the overall tone) is this:

If you do not comply with this request, and the Stolen Information is used or disseminated by you in any manner, SPE will have no choice but to hold you responsible for any damage or loss arising from such use or dissemination by you, including any damages or loss to SPE or others, and including, but not limited to, any loss of value of intellectual property and trade secrets resulting from your actions.

OK. Good luck with that. The Supreme Court has already held that this sort of dissemination is protected by the First Amendment. (h/t to Marcia Hofmann)

In a 6-3 opinion delivered by Justice John Paul Stevens, the Court held that the First Amendment protects the disclosure of illegally intercepted communications by parties who did not participate in the illegal interception.

The only mitigating factor is the relative worth of the "stolen information" to the public interest. Much of what's been covered likely isn't and much of what's contained in the files that hasn't been disseminated by press outlets definitely isn't. But there are some revelations that are definitely matters of public interest, not the least of which is the MPAA's plan to throw money at elected officials in exchange for some Google-hassling.

Sony appears to be in full panic mode, but it's tough to sympathize with a corporation that has been hacked 56 times in 12 years but still keeps passwords in a folder labeled "Passwords." This latest move won't earn it anything more than an internetload of derision.

Sony Letter (PDF)Sony Letter (Text)

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Filed Under: david boies, emails, first amendment, free speech, journalism, sony emails, sony hack, sony pictures hack, stolen information, threats
Companies: sony, sony pictures

58 Comments

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rw (profile), 15 Dec 2014 @ 5:58am

I think the problem is that the company is run by lawyers...not particularly bright lawyers.
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That Anonymous Coward (profile), 15 Dec 2014 @ 8:00am

I used to think it was only a couple lawyers I was smarter then... I was wrong.
O_O
They paid them for the result of even MORE people seeing the stories and being way more curious about what is out there that made them lose their damn minds and unleash the lawyers with little grasp of the actual law.

No wonder the "creative" sector is having problems, they are so far removed form reality that they think this was a good idea and would work.
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mvario (profile), 15 Dec 2014 @ 8:04am

Brian Krebs received one and commented:

http://krebsonsecurity.com/2014/12/in-damage-control-sony-targets-reporters/
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Anonymous Coward, 15 Dec 2014 @ 8:04am

Shoot the Messenger
now playing at a local newspaper/website near you, brought to you by Sony Pictures Entertainment.
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Anonymous Coward, 15 Dec 2014 @ 8:06am

Simple question: Why is reporting and posting excerpts of nude photographs taken from hacked celebrity cell phones, such as Jennifer Lawrence, immoral but reporting and posting private conversations from Sony executives and finance information about celebrities, Jennifer Lawrence, considered morally okay?
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Chris Meadows (profile), 15 Dec 2014 @ 8:06am

"Passwords" folder
Just to note, it's more likely that the "Passwords" folder was created by the hackers as a handy place to put all the various passwords files they found in various locations as they rifled through the stuff to create the information dump they uploaded.
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Anonymous Coward, 15 Dec 2014 @ 8:08am

the only illegal acts are those that Sony are making and also want to make concerning a certain internet company, while enlisting the help via 'encouragement' from certain high-level legal people! had there not been anything illegal in the information that has been 'discovered and released for others to peruse, Sony and others would have nothing to worry about. as it is, Sony is openly using illegal tactics, illegal computer programs and illegal threatening behavior to try to stem something they had every intention of carrying out! they wouldn't have thought twice and nor would any of the other studios (or heads of them) about implementing any means to achieve what they wanted but as shit has hit fan, they are doing what all big companies, corporations and industries do, threaten everyone into submission that are less well equipped financially to defend themselves! yet again, a classic example of bullying by an industry member who was carrying out illegal practices just to be able to carry on doing what it has for decades, keeping control and screwing customers into the ground!
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Anonymous Coward, 15 Dec 2014 @ 8:08am

The public apparently thinks this news IS public interest. And threatening news outlets only makes it more so (censoring our 1st amendment rights to publish? Newsworthy AND public interest!). Sony lawyers thus actually make this news more of public interest than it already was...

Oh...the irony...
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Anonymous Coward, 15 Dec 2014 @ 8:13am

If they thought the media was bad towards them until now simply for reporting the hack, I hope the media turns downright MALICIOUS against Sony now.
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Pixelation, 15 Dec 2014 @ 8:14am

Them sure is some fine Lawyerin' Words. Them Capitalized Words obviously beat the lowly first amendment.
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Anonymous Coward, 15 Dec 2014 @ 8:18am

Re:
Is that why all their stuff breaks? Lawyers don't really know how to design things.
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Anonymous Coward, 15 Dec 2014 @ 8:20am

Re:
The 'creative' sector has a very long history of drug abuse. Look at actors and actresses, they're always in rehab along with musicians on drugs. It's no wonder all of them seem very incompetent to us, it's not that we're intelligent it's that they're just dumb probably from years of drug abuse.
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Ed (profile), 15 Dec 2014 @ 8:25am

Perhaps the public should send Sony a Cease & Desist concerning the blatant bribery of government officials.
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Anonymous Coward, 15 Dec 2014 @ 8:45am

The problem with these Lawyers and most professionals, they can't seem to think out of their professional box, it's a trap they live in (self trapped) when something happens outside their protected environment , they can't can't figure out why no ones listening to them , thats pretty much why Americas legal system is failing,and our nation toomany Lawyers in DC not enough common sense , the they need some real world experience away from the riches and the luxury.
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dfed (profile), 15 Dec 2014 @ 8:48am

So, surely someone at Sony Pictures has actually met Streisand, right?
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Anonymous Coward, 15 Dec 2014 @ 8:53am

Dear Sony
Snort my taint.

Love,
The Internet
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jupiterkansas (profile), 15 Dec 2014 @ 9:05am

Re:
Simply because one is business and one is personal - but I agree that it's all morally questionable.
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Anonymous Coward, 15 Dec 2014 @ 9:07am

Boies, Schiller & Flexner, LLP
Anyone remember the attorney named “David Boies”? Name ring a bell?

I checked the letterhead from the linked pdf, and sure enough that's Boies, Schiller & Flexner, LLP letterhead.
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John Fenderson (profile), 15 Dec 2014 @ 9:13am

Re:
I think this is a pretty huge problem. At least, I see it all the time -- usually in the form of the assertion (or unstated assumption) that legality is an adequate proxy for ethics. That is, if an act is legal then it must be ethical and if an act is illegal then it must be unethical.
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Anonymous Coward, 15 Dec 2014 @ 9:15am

Re:
Jennifer Lawrence's photos presumably don't show her kicking puppies and her having a naked body under her clothes isn't newsworthy.

Sony execs trash talking others shows their bad character, which informs the moral decisions of consumers who might choose not to patronize businesses run by racist, democracy-subverting asshats.
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Anonymous Coward, 15 Dec 2014 @ 9:16am

Re:
Eugene Volokh's analysis “Can Sony sue media outlets who publish the stolen Sony documents?” at the Volokh Conspiracy blog today.

The noted First Amendment scholar discusses Bartnicki v Vopper (2001).

(H/T Brian Krebs).
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Anonymous Coward, 15 Dec 2014 @ 9:21am

Re: Re:
I've been ranting about this one for years.

It's come up in a lot of comments that I've seen in defense of CIA torture.

Heck, Cheney keeps saying, "it was legal," and thus conjuring in the minds of many the Episode I footage of Darth Sidious saying in the next breath, "I will make it legal!"

It's like the religious fundamentalists who cherry pick isolated passages from the old testament to justify persecuting people just because "God said it was okay in this one instance."
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observer, 15 Dec 2014 @ 9:52am

Re:
Because yes, it shouldn't have happened, but at least this way some good can come of it.
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PRMan, 15 Dec 2014 @ 10:08am

Re: Re:
They don't make very good movies either.
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Anonymous Coward, 15 Dec 2014 @ 10:08am

Re:
Simple question: why do you believe Jennifer Lawrence has emails printer on her skin?

I haven't seen her pictures, but I don't recall anybody mentioning that she engaged in body writing as a method of communication.
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PRMan, 15 Dec 2014 @ 10:20am

Re: "Passwords" folder
Having worked in IT my whole career, all I can say is you'd be surprised. There's always one guy who thinks that's somehow a good idea.
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Bergman (profile), 15 Dec 2014 @ 10:35am

Well, they ARE part of the MAFIAA...
"or whatever it is studio execs do when they've outlived their usefulness."

Now I have this image of studio execs who have outlived their usefulness being tossed into the lowest level of the film vault at the studio, feet encased in blocks of celluloid...
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JoeCool (profile), 15 Dec 2014 @ 10:42am

Call the Orco man!
This is what happens when a company becomes infested with lawyers. Gotta shut the thing down and fumigate before they spread. :)
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Anonymous Coward, 15 Dec 2014 @ 10:43am

Sony should know better. It's impossible to put the cat back in the bag, once kitty reaches the internet.
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Socrates, 15 Dec 2014 @ 10:54am

SS and the second entitlement woe
Sony/Streisand shouts "don't look here, ahhhh noooo, don't look", flailing with their arms and shouts even louder "not heeeeere, I want to be invisible!, ohh noooo, here, here"
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gorehound (profile), 15 Dec 2014 @ 11:20am

Personally I am very glad to see Sony hacked and cracked.Damn MAFIAA Company can go down in flames for all I care.Remember how these bastards illegally installed rootkits on people's computers ? How Sony pressures other Nations into agreements which do nothing for their people.How Sony bribes Politicians Worldwide.What about all the shady accounting these assholes do.How about their DRM ............... Copyright Maximalist pieces of shit.

I look forward to reading more....and seeing Sony get their face wiped in poop over and over.

Good Job GOP !
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Socrates, 15 Dec 2014 @ 11:25am

Re: Boies, Schiller & Flexner, LLP
David Boies represented the SCO group, famous for their entitlement, questionable ethics, and publicly displaying a file encrypted IIRC with dingbats
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lucidrenegade (profile), 15 Dec 2014 @ 11:54am

The only issue I have with this whole Sony hack is the release of personal information and SS#s. It's been a hoot to read some of the exec's emails.
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AnonyBabs, 15 Dec 2014 @ 12:08pm

Re:
You're begging the question. People aren't necessarily saying one is moral and the other is not. There is plenty of discussion to be had on that. This article is about whether it's legal. On that there is no question.
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Anonymous Coward, 15 Dec 2014 @ 12:50pm

Sony had a chance to take this negative and make a positive out of it, they chose to roll in it with their antagonists instead. They were in trouble before all of this came to light, can't imagine them surviving it if half of the revelations I've read are true. I do miss my old Walkman sometimes.
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observer, 15 Dec 2014 @ 2:06pm

Re:
If it turns out they did it by exploiting a rootkit, that would be the best thing ever.
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tqk (profile), 15 Dec 2014 @ 2:23pm

So, Assange is cleared?
Should we be expecting the editors of the NY Times to be holing up in the Equadorian embassy soon?

Bradley/Chelsea Manning stole classified secrets, was convicted and sent to prison. Assange released said stolen info which the supremes say is okay? Why's he holed up in the Equadorian embassy again? Other than "concocted rape" charges, I know, but does he need to fear the US gov't wrath for releasing Manning's trove of state secrets? The supremes say no, yes?
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Anonymous Coward, 15 Dec 2014 @ 5:02pm

Re:
I was surprised they Stopped At Caps. I would have thought they were dealing with STOLEN INFORMATION, or at least STOLEN Information.
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madasahatter (profile), 15 Dec 2014 @ 5:41pm

Say hi to Babs
The best course of action for Sony is to apologize, fix their IT problems, and be ready to fork over lots of cash. Otherwise they should shut up because stirring the pot keeps in the news cycle.
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observer, 15 Dec 2014 @ 7:29pm

Re: Re:
I think this is a pretty huge problem. At least, I see it all the time -- usually in the form of the assertion (or unstated assumption) that legality is an adequate proxy for ethics. That is, if an act is legal then it must be ethical and if an act is illegal then it must be unethical.

I hate this. I hate this more than almost anything. They're basically saying that things are right or wrong based on whether enough rich fuckers paid for enough politicians to vote for it.
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Anonymous Coward, 15 Dec 2014 @ 7:51pm

Sony Rootkit
Fuck Sony!

If Sony hadn't done the Sony rootkit a few years ago, I would have sympathy for them.

But they did that rootkit, and Sony tried to (and did) crack other people's computers.

So fuck 'em. Fuck 'em to hell.

They deserve a lot worse than they are getting now.
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tqk (profile), 15 Dec 2014 @ 8:10pm

Re: Re: Re:
The Nazis loved it.
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observer, 15 Dec 2014 @ 8:56pm

Re: Re: Re: Re:
Indeed. As do authoritarians in general.
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Kal Zekdor (profile), 15 Dec 2014 @ 11:58pm

Re: SS and the second entitlement woe
IGNORE ME!
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Ninja (profile), 16 Dec 2014 @ 1:13am

Re:
I read your comment and instantly that "uh uh uh uh Barbra Streisand" song came to mind. I propose a documentary on Sony failures with that song in the background.
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PaulT (profile), 16 Dec 2014 @ 2:29am

Re:
The better question would be why you think that business transactions and highly personal photographs are equivalent to each other in any way. Do you honestly think that Lawrence's pay details and naked body are worth the same thing by any metric?

I'll leave the fact that you have some of your other facts completely wrong (e.g. the celebrities' phones weren't hacked, their iCloud accounts were) until later, then perhaps ask you to point to where people are saying this is morally OK (schadenfreude over a company with a long-term anti-consumer history doesn't count).
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John Fenderson (profile), 16 Dec 2014 @ 9:27am

Re:
Oh yeah?
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Anonymous Coward, 16 Dec 2014 @ 3:41pm

Mr Cameron said he wanted internet companies to take the same moral responsibility as if someone overheard a group planning a bombing in a pub.

Except, in this case, this "someone", "overhears" EVERY "pub conversation" ever.......i.e yet again, MORE surveilance

WTF are these "guys" gonna be PUNISHED, they've gotten away with FAR to much already
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Anonymous Coward, 16 Dec 2014 @ 4:16pm

Oh, im sorry sony, i thought nobody had a right to privacy
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Anonymous Coward, 16 Dec 2014 @ 4:25pm

Meeee boss now, meee hit head with club now

Evolution off man

The studio “does not consent to your possession, review, copying, dissemination, publication, uploading, downloading or making any use” of the information, "

Pen and paper warrior
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Anonymous Coward, 16 Dec 2014 @ 4:34pm

Re:
keyboard warrior jab
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GEMont (profile), 16 Dec 2014 @ 6:54pm

Dancing around the dinosaurs.
These legacy corporations resemble nothing less than dinosaurs, flailing wildly at the little creatures they cannot see, who are eating their feet and legs while deftly dodging the dinosaurs' best panicked efforts to crush them underfoot.

OK, so a lot of that is just wishful thinking... :)

---
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Luke, 17 Dec 2014 @ 11:30pm

WikiLeaks vs Gossip
If saying that the information could not be published because it was obtained in less than legal (a.k.a. illegal) ways didn't work for the WikiLeaks State Dept cables why would it work for what is essentially celebrity gossip?
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Sheogorath (profile), 19 Dec 2014 @ 5:56pm

Hi, Son¥. I don't have any Stolen Information, I'm afraid, but I do have some stolen data if that's any good. It must be yours because it's an email from one of your employees describing Angelina Jolie as a 'brat'.
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Zach, 26 Jan 2015 @ 5:07pm

Outlets en Buenos Aires
Here is a great directory of Outlets Stores in Buenos Aires

www.outlets-bsas.com.ar
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Bajrangi bhaijaan torrent, 23 Jun 2015 @ 9:18am

thanks for sharing this information with us
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Mortal Kombat 3 (profile), 13 Aug 2016 @ 5:36am

The studio “does not consent to your possession, review, copying, dissemination, publication, Mortal Kombat 3, downloading or making any use” of the information.
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Barry Ronald (profile), 13 Aug 2016 @ 5:40am

The studio “does not consent to your possession, review, copying, dissemination, publication, Mortal Kombat 3, downloading or making any use” of the information. Thanks anyway.
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