Does v. SEC

EFF has urged a federal appeals court to block administrative subpoenas from the Securities and Exchange Commission (SEC) that would reveal the identities of three pseudonymous Gmail users.  In an amicus brief filed in the U.S. Court of Appeals for the Ninth Circuit, EFF argued that the SEC failed to support its subpoenas with sufficient evidence to demonstrate a compelling need for the information that would overcome the emailers’ constitutional right to speak anonymously.

The SEC’s subpoenas are part of an investigation into a potential “pump and dump” scheme involving Jammin’ Java Corp. which saw its stock price soar and plummet within a short period of time in late 2010 and early 2011. The SEC has argued that “online newsletters” potentially containing “materially misleading information” were distributed around the time of the stock price fluctuation.  However, the SEC has not explained why it has targeted the Gmail account holders, nor has it even identified any newsletters in question.  In Wednesday’s amicus filing, EFF explained why it would be particularly dangerous to allow government agencies the ability to investigate speakers without demonstrating a legitimate need for the information.  

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Op-ed from EFF's @ncardozo: if your business model depends on fooling customers, it deserves to fail

Oct 6 @ 6:17pm

Facebook's name policy harms human rights activists, LGBTQ people, domestic violence survivors, and more.

Oct 6 @ 6:09pm

New Zealand confirms half the TPP countries will be forced to extend copyright term by 20 years. We have to stop it.

Oct 6 @ 3:37pm
JavaScript license information