Canadian authorities should drop charges against a 19-year-old Canadian accused of “unauthorized use of a computer service” for downloading thousands of public records hosted and available to all on a government website. The whole episode is an embarrassing overreach that chills the right of access to public records and threatens important security research.
At the heart of the incident, as reported by CBC news this week, is the Nova Scotian government’s embarrassment over its own failure to protect the sensitive data of 250 people who used the province’s Freedom of Information Act (FOIA) to request their own government files. These documents were hosted on the government web server that also hosted public records containing no personal information. Every request hosted on the server contained very similar URLs, which differed only in a single document ID number at the end of the URL. The teenager took a known ID number, and then, by modifying the URL, retrieved and stored all of the FOIA documents available on the Nova Scotia FOIA website.
By suing WikiLeaks, DNC could endanger principles of press freedom
In 1993, WILK radio host Frederick Vopper broadcast a conversation intercepted by an illegal wiretap and sent anonymously to the Pennsylvania radio station, in which two teachers union officials discussed violent negotiating tactics. The officials sued Vopper, arguing that he should be liable for the illegal wiretap that captured their comments. But the Supreme Court disagreed. As Justice John Paul Stevens wrote in the Bartnicki v. Vopper decision, “A stranger’s illegal conduct does not suffice to remove the First Amendment shield from speech about a matter of public concern.”