Google turns over Gmail messages - even those "deleted"



Google's privacy policy says deleted e-mail messages "may remain in our offline backup systems" in perpetuity. It does not guarantee that backups are ever deleted. Baker estimated he may have tens of thousands of e-mail messages in his Gmail account.

Google turns over Gmail messages - even those "deleted"

Police blotter: Judge orders Gmail disclosure

By Declan McCullagh
Staff Writer, CNET News.com
Published: March 17, 2006, 4:00 AM PST
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"Police blotter" is a weekly News.com report on the intersection of technology and the law.

What: In a lawsuit brought by the Federal Trade Commission, a subpoena is sent to Google for the complete contents of a Gmail account, including deleted e-mail messages. This is unrelated to the Department of Justice's own subpoena to Google for search terms and excerpts from its search database.

When: U.S. Magistrate Judge Elizabeth Laporte in San Francisco ruled on Jan. 31 and March 13.

Outcome: Judge grants subpoena and orders that all e-mail messages, including deleted ones, be divulged.

What happened, according to the court: In November 2003, the Federal Trade Commission sued AmeriDebt and founder Andris Pukke on charges that the company deceived customers about credit counseling and failed to use customers' money to actually pay their creditors.

AmeriDebt settled, but the courts are still trying to uncover the location of Pukke's apparently sizeable assets. (A Washington Post article in September said the IRS is seeking $300 million from Pukke. His attorney at the venerable firm of Jones Day charges a hefty $575 an hour.)

Pukke's missing money has been linked to a Belize developer called Dolphin Development, which counts a fellow named Peter Baker as a shareholder. The court-appointed receiver in the FTC case, Robb Evans & Associates (click here for PDF), sent a subpoena to Google on Nov. 1 asking for the complete contents of Baker's Gmail account.

Baker objected to the subpoena, saying it could disclose confidential information, including attorney-client conversations.

The subpoena asks for not only current e-mail but also deleted e-mail: "All documents concerning all Gmail accounts of Baker...for the period from Jan. 1, 2003, to present, including but not limited to all e-mails and messages stored in all mailboxes, folders, in-boxes, sent items and deleted items, and all links to related Web pages contained in such e-mail messages."

Google's privacy policy says deleted e-mail messages "may remain in our offline backup systems" in perpetuity. It does not guarantee that backups are ever deleted. Baker estimated he may have tens of thousands of e-mail messages in his Gmail account.

In a Jan. 31 ruling, Laporte rejected Baker's request. She said his attorney could withhold "truly protected" information but must "err on the side" of disclosure.

Baker asked the judge to reconsider. On Monday, Laporte reiterated her decision, saying the argument about confidentiality "is baseless" because her earlier order creates an exception for such e-mail messages.

Excerpt from Laporte's Jan. 31 opinion: "Conspicuously absent from Baker's briefs is any denial that he is linked to the (Gmail) account, Pukke and/or Pukke-controlled entities. On the contrary, Baker relies entirely on formalistic objections and never once attacks the substance of the receiver's theories or facts. And, ironically, while he argues that the receiver has not submitted any admissible evidence to support its contentions, the only evidence Baker submitted are declarations by his attorneys that only support his claim that some documents may be protected by the attorney-client privilege but do not address his other claims about privacy interests."

Excerpt from Laporte's March 13 opinion: "(Baker) argues that being forced to pay his attorneys to screen these documents and to create a privilege log would 'necessarily involve an exorbitant amount of attorney time, resulting in the incurrence of thousands of dollars of attorneys' fees for which Mr. Baker will not be reimbursed...Within five court days of this order, Baker shall immediately turn over all documents to the receiver, withholding only those documents that are shielded from discovery by the attorney-client privilege, or those which are truly protected by a legitimate privacy interest."

When this story was posted in March 2006, this was on the front page of PCOL:




Peace Corps Online The Independent News Forum serving Returned Peace Corps Volunteers

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Peace Corps suspends program in Bangladesh Peace Corps Director Gaddi H. Vasquez announced the suspension of the Peace Corps program in Bangladesh on March 15. The safety and security of volunteers is the number one priority of the Peace Corps. Therefore, all Peace Corps volunteers serving in Bangladesh have safely left the country. More than 280 Peace Corps volunteers have served in Bangladesh since the program opened in November 1998. Latest: What other newspapers say.

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The Peace Corps Library The Peace Corps Library is now available online with over 40,000 index entries in 500 categories. Looking for a Returned Volunteer? Check our RPCV Directory. New: Sign up to receive PCOL Magazine, our free Monthly Magazine by email. Like to keep up with Peace Corps news as it happens? Sign up to recieve a daily summary of Peace Corps stories from around the world.

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Invitee re-assigned after inflammatory remarks The Peace Corps has pulled the invitation to Derek Volkart to join the Morocco Training Program and offered him a position in the Pacific instead after officials read an article in which he stated that his decision to join the Peace Corps was in "response to our current fascist government." RPCV Lew Nash says that "If Derek Volkart spoke his mind as freely in Morocco about the Moroccan monarchy it could cause major problems for himself and other Peace Corps volunteers." Latest: The Ashland Daily Tidings has issued a request for all Peace Corps communications on the case.

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Re-envision Peace Corps Nicholas J. Slabbert says in his article in the Harvard International Review that an imaginatively reinvented Peace Corps could powerfully promote US interests in a period when perceptions of American motives are increasingly relevant to global realignment. His study envisions a new role for the Peace Corps in five linked areas: (1) reinventing America's international profile via a new use of soft power; (2) moving from a war-defined, non-technological, reactive theory of peace to a theory of peace as a normal, proactive component of technologically advanced democracy; (3) reappraising Peace Corps as a national strategic asset whose value remains largely untapped; (4) Peace Corps as a model for the technological reinvention of government agencies for the 21st century; (5) redefining civil society as information technology society. Read the article and leave your comments.

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March 1, 1961: Keeping Kennedy's Promise On March 1, 1961, President John F. Kennedy issues Executive Order #10924, establishing the Peace Corps as a new agency: "Life in the Peace Corps will not be easy. There will be no salary and allowances will be at a level sufficient only to maintain health and meet basic needs. Men and women will be expected to work and live alongside the nationals of the country in which they are stationed--doing the same work, eating the same food, talking the same language. But if the life will not be easy, it will be rich and satisfying. For every young American who participates in the Peace Corps--who works in a foreign land--will know that he or she is sharing in the great common task of bringing to man that decent way of life which is the foundation of freedom and a condition of peace. "

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Top Stories: February 2, 2006 Al Kamen writes: Rice to redeploy diplomats 20 Jan Peace Corps mourns the Loss of Volunteer Tessa Horan 1 Feb RPCV pursues dreams in America's Heartland 1 Feb Sargent Shriver documentary to be shown in LA 30 Jan W. Frank Fountain is new board chairman of Africare 27 Jan Abbey Brown writes about acid attacks in Bangladesh 26 Jan Christopher Hill Sees Ray of Hope in N.Korea Standoff 26 Jan Jeffrey Smit writes on one man diplomatic outposts 25 Jan Joe Blatchford's ACCION and microfinance 24 Jan James Rupert writes: A calculated risk in Pakistan 23 Jan Sam Farr rips conservative immigration bill 21 Jan Americans campaign for PC to return to Sierra Leone 20 Jan Kinky Friedman supports Gay Marriage 20 Jan Margaret Krome writes on Women leaders 18 Jan James Walsh leads bipartisan US delegation to Ireland 17 Jan Mark Schneider writes on Elections and Beyond in Haiti 16 Jan Robert Blackwill on a "serious setback" in US-India relations 13 Jan Kevin Quigley writes on PC and U.S. Image Abroad 13 Jan Emily Metzloff rides bicycle 3,100 miles from Honduras 9 Jan Charles Brennick starts operation InterConnection 9 Jan Lee Fisher tells story of Pablo Morillo 7 Jan Nancy Wallace writes: Was PC a CIA front after all? 4 Jan

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Paid Vacations in the Third World? Retired diplomat Peter Rice has written a letter to the Wall Street Journal stating that Peace Corps "is really just a U.S. government program for paid vacations in the Third World." Director Vasquez has responded that "the small stipend volunteers receive during their two years of service is more than returned in the understanding fostered in communities throughout the world and here at home." What do RPCVs think?

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RPCV admits to abuse while in Peace Corps Timothy Ronald Obert has pleaded guilty to sexually abusing a minor in Costa Rica while serving there as a Peace Corps volunteer. "The Peace Corps has a zero tolerance policy for misconduct that violates the law or standards of conduct established by the Peace Corps," said Peace Corps Director Gaddi H. Vasquez. Could inadequate screening have been partly to blame? Mr. Obert's resume, which he had submitted to the Peace Corps in support of his application to become a Peace Corps Volunteer, showed that he had repeatedly sought and obtained positions working with underprivileged children. Read what RPCVs have to say about this case.

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Military Option sparks concerns The U.S. military, struggling to fill its voluntary ranks, is allowing recruits to meet part of their reserve military obligations after active duty by serving in the Peace Corps. Read why there is opposition to the program among RPCVs. Director Vasquez says the agency has a long history of accepting qualified applicants who are in inactive military status. John Coyne says "Not only no, but hell no!" and RPCV Chris Matthews leads the debate on "Hardball." Avi Spiegel says Peace Corps is not the place for soldiers while Coleman McCarthy says to Welcome Soldiers to the Peace Corps. Read our poll results. Latest: Congress passed a bill on December 22 including language to remove Peace Corps from the National Call to Service (NCS) military recruitment program

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Why blurring the lines puts PCVs in danger When the National Call to Service legislation was amended to include Peace Corps in December of 2002, this country had not yet invaded Iraq and was not in prolonged military engagement in the Middle East, as it is now. Read the story of how one volunteer spent three years in captivity from 1976 to 1980 as the hostage of a insurrection group in Colombia in Joanne Marie Roll's op-ed on why this legislation may put soldier/PCVs in the same kind of danger. Latest: Read the ongoing dialog on the subject.

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Friends of the Peace Corps 170,000 strong 170,000 is a very special number for the RPCV community - it's the number of Volunteers who have served in the Peace Corps since 1961. It's also a number that is very special to us because March is the first month since our founding in January, 2001 that our readership has exceeded 170,000. And while we know that not everyone who comes to this site is an RPCV, they are all "Friends of the Peace Corps." Thanks everybody for making PCOL your source of news for the Returned Volunteer community.

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