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

Celebrate the 4th by giving to EFF! We're fighting to stop mass surveillance in the US and worldwide. https://eff.org/EFF25

Jul 4 @ 5:36pm

A deep dive into XKEYSCORE, one of the NSA's creepiest spying tools: https://eff.org/r.c6hp

Jul 3 @ 3:12pm

Come to EFF HQ on July 8 for a book talk with author of "Geek Heresy: Rescuing Social Change from the Cult of Tech" https://eff.org/r.i3fv

Jul 2 @ 4:57pm
JavaScript license information