Court Dumps Hastily-Granted Restraining Order, Says MuckRock Can Publish Smart Meter Documents
from the prior-restraint-much? dept
It took a little less than a week, but the EFF, with the invaluable assistance of Venkat Balasubramani of FOCAL PLLC, has persuaded a Washington state judge to strike down the temporary restraining order against MuckRock he hastily granted back on May 27th.
Landis+Gyr, a multinational corporation owned by Toshiba, recently secured a contract to upgrade Seattle's "dumb" meters to smart meters. Privacy activist Phil Mocek requested information on the city's smart meter plan through MuckRock and was handed two Landis+Gyr documents in unredacted form by the city.
These documents worth suing over spent a month uploaded to MuckRock before Landis+Gyr took notice. Once it had secured the city contract, L+G then demanded -- via a request for a temporary restraining order -- that MuckRock take the documents down, turn over info on site users who may have seen/downloaded them, and somehow help L+G shove its smart meter genie back into the bottle.
Fortunately, the judge has now struck down the restraining order he issued earlier in the week.
Agreeing with EFF, King County Superior Court Judge William Downing ruled that the previous order amounted to a prior restraint on speech that violated the First Amendment, and rescinded it along with denying plaintiffs’ request to extend it.
Not that Landis+Gyr didn't try to keep its restraining order alive -- despite openly acknowledging that one of the two documents contained nothing worth withholding. In its final attempt to salvage its request, L+G claimed that an internet full of evildoers now has access to sensitive information that could place citizens in danger.
Defendants knowingly posted Landis+Gyr’s protected information on its publicly-accessible website, where Landis+Gyr’s competitors, as well as hackers and saboteurs, had access to the information. In fact, internet traffic surrounding the disclosure reveals the danger caused by Defendants’ refusal to remove the information. See Second Supplemental Declaration of Eric Lee Christensen in Support of Motion for Preliminary Injunction, ¶¶ 2, Exhs. A. (“I read all your secret information, you [expletives deleted]”), ¶ 4, Exh. C, p. 8 (“visit the link below to download disputed documents”).
Without access to the exhibits, I can only assume the deleted expletives were "censorious asshats" and that "visit the link below to download disputed documents" is internet code for "seize the means of production, starting with the power grid."
Landis+Gyr's fears of terrorism are overblown, if these are the best pull quotes it could find to illustrate its "hackers n' saboteurs" theory. It may be that its trade secret claims are more based in reality, but that still doesn't explain its attempt to silence a third-party FOIA clearinghouse for doing nothing more than publishing documents handed to it by a government body.
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Filed Under: foia, prior restraint, seattle, smart meters, streisand effect
Companies: eff, landis+gyr, muckrock
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See when their "security" on these devices is found to be lacking and someone pulls off a major hack of them... it won't be their fault.
It will be the fault of people who let the genie out of the bottle and no one should sue the corporation.
No one should point out that someone with an iota of intelligence saw the publicly available documents and tried to alert the corporation to the holes the hack ended up using.
The corporation will use the standard PR face saving action of blaming terrorists & super cyber hacker warriors for the issues rather than the default password being the measurements of the CEO's secretary.
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... because nothing - down to passcodes and salts - can be changed, even in the face of terrorists!
Oh, wait... that would be a significant flaw in our design, wouldn't it? Better not bring that up, then...
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They'll just have to reboot Seattle to do it.
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Well, it was about time for the CEO to change his secretary, anyway.
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Translation:
Our security on our meters sucks big time.
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TRANSLATION: ""All your base are belong to us."
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Taking lessons from the Erdogan School of Thin-Skin I see
So two documents, documents that were so insanely secret and valuable that they they handed them to the city are reason enough to claim massive breach of security and a threat to the public, because someone commented about how they read them, and another person had a link up for anyone to download them.
Somehow I can't help but think that they might be exaggerating just a titch about how damaging having those documents available are to the public, unless of course this is their way of admitting that they were so grossly incompetent that they handed over highly valuable documents that would allow anyone with access to them to do all sorts of not-nice things to the 'smart' meters they planned to sell to the city, where any number of people had access to them.
Dishonesty or gross incompetence, which shall it be?
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Re: Taking lessons from the Erdogan School of Thin-Skin I see
It's entirely plausible that the documents were provided under a non-disclosure agreement, and that L+G has legitimate reasons to want them to not be public. It's similarly plausible that the city was wrong to release them. The course L+G is pursuing is wrong (not to mention simply impossible), but that doesn't mean they're without a legitimate reason to be upset.
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Re: Re: Taking lessons from the Erdogan School of Thin-Skin I see
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Re: Re: Taking lessons from the Erdogan School of Thin-Skin I see
In such a case, you do not provide them to the public. The government is, at least in theory, merely the face of the public.
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Re: Taking lessons from the Erdogan School of Thin-Skin I see
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Note this claim leaves unspecified the "danger" to whom.
I'd say the only "danger" is to what little credibility Landis+Gyr might still have.
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That everyone else might be able to do the hacking too is what is so upsetting to Landis+Gyr. It was supposed to be a covert sucking up of all your private activities (your going to burn that dildo out if you keep using it so much).
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Conviently the government has been supporting this idea with ignoring the constitutional rights people are supposed to have.
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you [expletives deleted]
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Re: do you need a proffessional hacker
Begone before someone drops a house on you too...
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