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EFF and ERI Fight to Quash Speech-Chilling Subpoenas from Chevron

Oil Giant Demands Years of Private Email Account Information from Activists, Journalists, and Attorneys

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By: Electronic Frontier Foundation (EFF)

SAN FRANCISCO, Oct. 22, 2012 - The Electronic Frontier Foundation (EFF) and EarthRights International (ERI) asked judges in California and New York today to quash subpoenas issued by Chevron Corporation to three email providers demanding identifying information about the users of more than 100 email accounts, including environmental activists, journalists, and attorneys. The information Chevron wants could be used to create a detailed map of the individuals' locations and associations over nearly a decade.

The subpoenas are the latest salvo in the long-running battle over damage caused by oil drilling in Ecuador. After years of litigation, an Ecuadorian court last year imposed a judgment of over $17 billion on Chevron for dumping toxic waste into Amazon waterways and causing massive harm to the rainforest. Instead of paying, Chevron sued more than 50 people who were involved in the Ecuador lawsuit, claiming they were part of a conspiracy to defraud the oil giant. None of the individuals represented by EFF and ERI has been sued by Chevron or accused of wrongdoing.

"Environmental advocates have the right to speak anonymously and travel without their every move and association being exposed to Chevron," said Marcia Hofmann, EFF Senior Staff Attorney. "These sweeping subpoenas create a chilling effect among those who have spoken out against the oil giant's activities in Ecuador."

The motions to quash filed today asked the courts to reject the subpoenas, pointing out that anonymous speakers who are not parties in a lawsuit receive particularly strong First Amendment protections. EFF first won court recognition of this protection in Doe v. 2theMart.com in 2001. Chevron's subpoenas also violate the legal protections for the right of association for political action that were developed during the civil rights era.

"The courts have long recognized that forcing activists to reveal their names and political associations will chill First Amendment rights and can only be done in the most extreme situations," added Marco Simons, Legal Director of ERI, which has provided legal assistance to third parties affected by the Chevron litigation in two international proceedings. "We look forward to having those longstanding principles applied in this case so that people can engage in journalism and political activism and assist in litigation against environmental destruction without fear that their identities and personal email information will be put at risk."

EFF and ERI are challenging the subpoenas to Google and Yahoo! in the U.S. District Court for the Northern District of California and the subpoena to Microsoft in the U.S. District Court for the Northern District of New York. Peter Henner is local counsel working with EFF and ERI in New York.

For the motion to quash in the Northern District of California: https://www.eff.org/document/nd-cal-motion-quash

For the motion to quash in the Northern District of New York: https://www.eff.org/document/ndny-motion-quash

For more information about the case and supporting documents: https://www.eff.org/cases/chevron-v-donziger

The Electronic Frontier Foundation is the leading organization protecting civil liberties in the digital world. Founded in 1990, we defend free speech online, fight illegal surveillance, promote the rights of digital innovators, and work to ensure that the rights and freedoms we enjoy are enhanced, rather than eroded, as our use of technology grows. EFF is a member-supported organization. Find out more at https://www.eff.org.

EarthRights International is a nonprofit, nongovernmental organization that uses legal and advocacy tools to defend human rights and the environment. We specialize in fact-finding, legal actions against perpetrators of abuses, training for grassroots and community leaders, and advocacy campaigns that seek to end environmental and human rights abuses. To learn more, including ERI's involvement in other aspects of the Chevron litigation, please visit: http://www.earthrights.org.

 

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