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Comment on Judge Orders Google To Deactivate User's Gmail Account and Disclose Identity

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Apparently, the judge who ordered this doesn't have very good judgement:

"In 1998, Judge Ware was reprimanded by the Judicial Council of the Northern District Court of California for fabricating the story of being the brother of Virgil Ware[5], a 13 year old black boy shot by teenage racists in Alabama in 1963 on the same day as the 16th Street Baptist Church bombing. According to a story Judge Ware had told many audiences, he was riding his bike with his brother Virgil on the handlebars when Virgil was shot and killed by white racists.[6] The incident was a real one, however it happened to a different James Ware,"

http://en.wikipedia.org/wiki/James_Ware_%28judge%29

Does the judge have an Gmail account? I may want to send some sensative information there and the ask him how should I deal with that.

How come the guy didn't get thrown off the bench for that ?

Judges are supposed to be beyond doubt, if a judge has done something like that their career should be over.

Especially if they have a lifetime appointment.

If you fuck up and are re-elected, that's one thing. If you fuck up but have a lifetime appointment, well, I can't see the benefit to the people he represents to keep him on the bench.

Which points to a really huge invisible elephant: what do you do when a judge is plain wrong?

Appeal. (In theory).

Has Google complied with the order yet?

I would hope that Google would see it in their interests to appeal. Considering the judge's history, odds are an appeal would go through pretty well and Google gets to keep its reputation in tact for a relatively low cost.

There are other methods to help out the bank without setting this precedent.

And sometimes move for an appellate court order staying the order of the trial court, if the trial court's order would have an irreversible bad effect.

It seems to me that the person to appeal would be the holder of the Gmail account. If no one hears from him, which is likely (The Gmail account is probably abandoned), then nothing will happen.

I just hope that this doesn't set a precedent in future cases.

Good finding. I hope there is some way to appeal in a higher court.

don't be offended, hey, its Friday ;)... but you can't appeal to a lower court.

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