Wednesday, October 14, 2009
Rocky Mountain Bank and Google: More Analysis
Last week I had a chance to sit down with lobuxracer and brainstorm about the Rocky Mountain Bank/Google fiasco.
The epiphany: The temporary restraining order issued by Judge Ware was worth less than the paper it was printed on. It was Google's mistake to immediately comply with the BS order rather than fight it. By immediately complying, they went ahead and took the responsibility for violating the account holder's civil rights.
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Had the judge issued a search warrant, this argument would be moot. However, a restraining order violating the Fourth Amendment's guarantees against unreasonable search and seizure (the email account was functionally seized) should have immediately set off red flags at Google and their attorneys should have pushed back.
This just tells me I need to keep all my personal email on a device under my control, not Google, Yahoo, Microsoft, or some other nebulous entity who will bend to the will of the state without any regard for my rights.
I would find a good attorney and sue Google if it happened to me.
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