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Showing posts with label CRUDE The Real Price Of Oil. Show all posts
Showing posts with label CRUDE The Real Price Of Oil. Show all posts

26 July 2013

Court: Chevron Can Seize Americans' Email Data 22JUL13

WITHOUT Edward Snowden's disclosures of the US government's on line spying program known as Prism we wouldn't be aware of the government's collusion with chevron, allowing the oil and gas giant accesses to the e mail accounts of Americans who oppose cheveron's agenda, especially those concerning the court cases against them involving the Ecuadorian rainforest tribes. It is extremely disturbing that a federal judge would actually allow an international corporation total access to the private e mail accounts of Americans, or anyone involved in supporting the Ecuadorian plaintiffs in their court cases against chevron, court cases the company continues to loose, and that the US Supreme Court has refused to hear, rejecting chevron's appeal. For some background on what this is all about watch the video Crude (this is the first project I backed on Kickstarter http://www.kickstarter.com/projects/crudefund/crude-fight-for-the-first-amendment ), and check out my earlier post on this Berlinger Wins "Stay" of Footage Turnover Order! Full Hearing on Appeal Slated for July! HUGE THANKS TO OUR KICKSTARTER SUPPORTERS!!!!! http://bucknacktssordidtawdryblog.blogspot.com/2010/06/berlinger-wins-stay-of-footage-turnover.html
and
Chevron Must Pay $8 Billion For Despoiling Amazon in Ecuador 14FEB11
http://bucknacktssordidtawdryblog.blogspot.com/2011/02/chevron-must-pay-8-billion-for.html
This from Mother Jones....

Court: Chevron Can Seize Americans' Email Data

In an almost unprecedented decision, a federal judge has allowed Chevron to subpoena Americans' private email data—and said the First Amendment doesn't apply.


| Mon Jul. 22, 2013 3:00 AM PDT

Indigenous Ecuadorean leader Emergildo Criollo travels from the Amazon rainforest to California to deliver 325,000-plus letters urging Chevron to clean up its toxic oil.
Thanks to disclosures made by Edward Snowden, Americans have learned that their email records are not necessarily safe from the National Security Agency—but a new ruling shows that they're not safe from big oil companies, either.
Last month, a federal court granted Chevron access to nine years of email metadata—which includes names, time stamps, and detailed location data and login info, but not content—belonging to activists, lawyers, and journalists who criticized the company for drilling in Ecuador and leaving behind a trail of toxic sludge and leaky pipelines. Since 1993, when the litigation began, Chevron has lost multiple appeals and has been ordered to pay plaintiffs from native communities about $19 billion to cover the cost of environmental damage. Chevron alleges that it is the victim of a mass extortion conspiracy, which is why the company is asking Google, Yahoo, and Microsoft, which owns Hotmail, to cough up the email data. When Lewis Kaplan, a federal judge in New York, granted the Microsoft subpoena last month, he ruled it didn't violate the First Amendment because Americans weren't among the people targeted.
Now Mother Jones has learned that the targeted accounts do include Americans—a revelation that calls the validity of the subpoena into question. The First Amendment protects the right to speak anonymously, and in cases involving Americans, courts have often quashed subpoenas seeking to discover the identities and locations of anonymous internet users. Earlier this year, a different federal judge quashed Chevron's attempts to seize documents from Amazon Watch, one of the company's most vocal critics. That judge said the subpoena was a violation of the group's First Amendment rights. In this case, though, that same protection has not been extended to activists, journalists, and lawyers' email metadata.
The Electronic Frontier Foundation (EFF) represents 40 of the targeted users—some of whom are members of the legal teams who represented the plaintiffs—and Nate Cardozo, an attorney for EFF, says that of the three targeted Hotmail users, at least one is American. Cardozo says that of the Yahoo and Gmail users, "many" are American.
"It's appalling to me that the First Amendment has no bearing in this case, and that the judge simply assumed that all of the targets aren't US citizens—when in fact, I am," says a human rights activist from New York who has been advocating on behalf of the indigenous community, doing both volunteer and paid work, since 2005. He has never been sued by Chevron, nor been deposed. He wishes to remain anonymous—because his legal fight against the subpoena is still pending. The activist received a notice of the subpoena from Google last year (it has not been granted yet.) Chevron is seeking information including, but not limited to, the name associated with the account and where a user was every time he logged in—for the past nine years.
"Chevron is trying to crush, silence, and chill activism on behalf of the people they screwed over," the activist argues. Michelle Harrison, an attorney for EarthRights International, tells Mother Jones that her clients aren't comfortable going on record about the subpoenas they've received, because "Chevron's dogged pursuit of anyone that dares speak out against them is regrettably having precisely the chilling effect we warned the court it would."
Advocates for the plaintiffs in the Chevron case say that subpoenaing the email records is the company's latest nuclear tactic to win a lawsuit it keeps losing. Chevron was ordered to pay $9 billion in damages in 2011 and to issue a public apology. After the company refused, a judge ordered the damages to double. The Supreme Court has declined to hear Chevron's appeal. The extortion case is set to go to trial on October 15, after Kaplan—whom the Ecuadorean plaintiffs once asked to be removed from the case—refused to delay it.
Cardozo says there are 101 email addresses listed in the subpoenas to the three tech companies, but EFF has found only two that are owned by actual defendants in the lawsuit. "Subpoenas of nonparties are generally quite routine," says Eugene Volokh, a professor at the University of California-Los Angeles School of Law. But Karl Manheim, a professor at the Loyola School of Law in Los Angeles, notes, "The parties seeking the info have to establish its relevance to the case; you can't just go on a 'fishing expedition' or on a hunch."
Julian Sanchez, a research fellow at CATO, says that "even assuming the account holders aren't citizens, it doesn't automatically follow that the First Amendment is irrelevant." But he notes that while anonymous speech made by Americans is protected under the Constitution, "courts have been inconsistent in applying that protection against civil subpoenas aimed at identifying anonymous internet users." In the case Dendrite International, Inc. v. Doe No. 3, for example, an appellate court held that a company was not allowed to unmask users who had criticized the company on a Yahoo message board.
Manheim says the judge's invocation of citizenship is "wrong" in this case and the users should appeal. "The US Constitution applies to all persons (even foreign nationals) within US borders and to US persons abroad. While the targets of the subpoenas are outside of US jurisdiction, the subpoena itself is operative within the US. So the Constitution should apply." (Chevron did not respond to request for comment.)
"I think if the NSA scandal has taught us anything, anyone who says that 'it's just metadata' doesn't know what metadata is—if I want to spend the night at my friend's house and use his computer, that's my business," Cardozo says. "And if Judge Kaplan thinks seizing metadata is routine, he doesn't know how powerful it can be." The activist adds, "It's a slippery slope. Once one thing is granted, it will only be easier to ask for more."

Dana Liebelson

Reporter
Dana Liebelson is a reporter in Mother Jones' Washington bureau. Her work has also appeared in The Week, TIME's Battleland, Truthout, OtherWords and Yahoo! News

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http://www.motherjones.com/politics/2013/07/chevron-ecuador-american-email-legal-activists-journalists
  


19 February 2011

Chevron Must Pay $8 Billion For Despoiling Amazon in Ecuador 14FEB11

THIS  is a huge victory for the people of Ecuador!!!! Keep this in mind the next time you see one of those chevron commercials about how much they care about the countries they drill in and how much they care about the energy problem and community relations. This from EarthJustice, and see my earlier blog post on this court case (JOE BERLINGER VS CHEVRON AND WHY WE MUST SUPPORT INDEPENDENT FILM MAKING 4JUN10) and the movie about it 'Crude, The Real Price Of Oil'. If you haven't seen this movie check it out, it is worth watching....
Earthjustice took part in 18-year battle for justice

Cofan Indian leader Emergildo Criollo whose Amazonian homeland was impacted by Chevron (Image courtesy of Greg Palast)
On Monday, a court in Ecuador told Chevron it owes $8 billion for environmental contamination in the Amazon.
This is Ecuador, where oil companies wield economic power and political influence. Yet, this didn’t cloud the court’s independent eye when faced with the facts of uncovered toxic waste pits in the pristine Amazon.
This is Chevron, a private, American corporation. Yet this didn’t stop the Ecuadorian court from making Chevron, a foreign company, pay for 26 years of environmental damage in Ecuador.
This is $8 billion dollars. And the court made it clear that Chevron was at fault, so Chevron must pay.
Chevron is calling the decision “illegitimate and unenforceable.”
Even if Chevron doesn’t pay a cent, this is a victory.
With this judgment, courts in Ecuador and other countries won’t have to break new ground when telling foreign corporations to pay – substantially – to clean up their environmental mess. The $8 billion raises the bar for other courts to decide how much environmental destruction from foreign corporations costs.
Plus, this case is a testament to the strength of court systems around the globe. The Ecuadorian plaintiffs originally brought their case in the U.S., but Chevron pushed for it to be heard in Ecuador. In 2001, the U.S. courts agreed – but only after Chevron “unambiguously agreed in writing to being sued ... in Ecuador.” Now Chevron is calling the judges corrupt and the decision “a product of fraud.”
When the case was moved to Ecuador, some doubts arose as to the ability of the Ecuadorian legal system to stand up to the powerful oil giant. Lawyers and activists in Ecuador and elsewhere, through their tireless, excellent work, succeeded in getting a court to recognize the legitimacy of claims based on environmental degradation and its effect on the health and lives of the people in its wake.
Back when the case was still in the U.S. courts, Earthjustice wrote friends-of-the-court briefs in support of the plaintiffs, arguing that the kinds of damage the oil company caused was severe enough for our courts to recognize.
We commend the efforts of all those who fought this long, 18-year battle, and will build on their work as we promote environmental justice and corporate accountability.

09 June 2010

Berlinger Wins "Stay" of Footage Turnover Order! Full Hearing on Appeal Slated for July! HUGE THANKS TO OUR KICKSTARTER SUPPORTERS!!!!!

This is great news and a victory for the First Amendment! See more on this story by clicking the header to go to the Kickstart page, click the links in this post and / or go to my earlier post this month Joe Berlinger vs Chevron, and support the cause by letting others know about this and with a financial contribution if possible. 

As some of you may have already read in the last 24 hours, yesterday in New York City, a three-judge panel of the US Court of Appeals for the Second Circuit ruled that CRUDE's director Joe Berlinger will be awarded a full hearing in July on his appeal, and as a result, the district court’s May 20th order directing Berlinger to produce the footage will be suspended during the pendency of the appeal. This is truly great news for us, as our fight to protect our footage, sources, and journalistic process trudges on, and we are so happy to be able to share this news with you, our wonderful supporters.

Berlinger’s lead attorney, Maura Wogan of Frankfurt Kurnit, said the decision “signals that the appeals court takes seriously the rights of investigative journalists like Joe Berlinger,” and  Berlinger is “delighted that the appellate court seems to understand the significant public interest in our appeal being heard.”

We cannot thank all of you enough for your amazing support over the last few weeks! We are thrilled to announce that we have reached our initial goal of $20k and wanted to extend a personal thanks to the nearly 400 of you who have supported us through this page.  BUT, as our legal bills continue to pile up through the duration of this appeal, and our initial goal of $20k is only a small fraction of our total cost, we are continuing to accept donations for this First Amendment Fund through June 30th, 2010 (at midnight Eastern time), and would greatly appreciate your continued help in sharing this link with your families, friends, and communities.  We are truly and deeply moved by the support we have received so far and hope you will help us continue to spread the word over the next three weeks.

In addition to your inspiring efforts, we’ve continued to be moved by how this case has made headlines across the country.  We’ve received incredible support from the film and journalism communities, including open letters from the IDA,DGA, WGA, and a friend-of-the-court brief from leading First Amendment lawyer Floyd Abrams on behalf of 13 major media companies.  As eloquently articulated by many esteemed members of the press and independent film legends—from the editors of The Los Angeles Times to Michael Moore, Bill Moyers, Robert Redford and most recently,  Norman Lear—a ruling in favor of Chevron would be a grave violation of Berlinger’s First Amendment rights and will undoubtedly have a chilling effect on documentary filmmakers and journalists worldwide.  The stay that was granted today will allow us to argue the merits of our position before the Court, and for that, along with your empowering support, we are truly grateful.

Please keep passing this First Amendment Fund on, and STAY TUNED.

Thank you all!

Very Truly Yours,
-Team CRUDE

Some recent articles on the case include:
-Brent Lang's "Court Grants Stay for 'Crude' Director" (http://www.thewrap.com/article/new-york-court-grants-stay-crude-director-18143)

-KCRW Interview w/ Joe Berlinger (http://www.kcrw.com/etc/programs/pc/pc100608joe_berlingers_crude)

-Norman Lear's "Was Oil Named 'Crude' Because of the Way Oil Compaies Do Business?" (http://www.huffingtonpost.com/norman-lear/was-oil-named-crude-becau_b_604741.html)

-David Folkenfilk's "A 'Crude' Awakening: Chevron vs. the Documentarian" (http://www.npr.org/templates/story/story.php...)

-Robert Redford's "Joe Berlinger vs. Chevron: Why We Must All Defend Independent Filmmaking" (http://www.huffingtonpost.com/robert-redford/joe-berlinger-vs-chevron_b_600433.html)

-Ted Johnson's "New Twist in 'Crude' Suit"
(http://www.variety.com/article/VR1118020196.html...)

-Dave Itzkoff's "Media Companies File Brief on Behalf of Filmmaker in Chevron Case" (http://artsbeat.blogs.nytimes.com/2010/06/02/media-companies-file-brief-on-behalf-of-filmmaker-in-chevron-case/)

-LA Times Editorial "Chevron Sues Over 'Crude': A Documentary's Unused Footage, Akin to Reporters' Notes, Should be Protected"
(http://www.latimes.com/news/opinion/editorials/la-ed-chevron-20100521,0,3553969.story)

-Bill Moyers' & Michael Winship's "Chevron's 'Crude' Attempt to Suppress Free Speech"
(http://www.huffingtonpost.com/bill-moyers/chevrons-crude-attempt-to_b_576595.html
)

-John Shwartz & Dave Itzkoff's "Should a Documentary Filmmaker Get a Journalist's Privilege?"
(http://www.nytimes.com/2010/05/08/us/08pollution.html...)

-Dave Itzkoff's "Oscar Winners Back Filmmaker in Dispute With Chevron"
(http://artsbeat.blogs.nytimes.com/2010/05/12/oscar-winners-back-filmmaker-in-dispute-with-chevron/...)

*For more articles on the case, please visit http://www.crudethemovie.com/crude-blog/

04 June 2010

Joe Berlinger vs. Chevron: Why We Must All Defend Independent Filmmaking 4JUN10 & CRUDE Fight for the First Amendment

 Corporate America continues to rear it's ugly head (when do we not see it?), this time the threat to American freedom comes from Chevron. See the article from Robert Redford on the battle between Chevron and Joe Berlinger over his expose on Chevron/Texaco and then click the header to go to the CRUDE fight for the First Amendment project. Support the project if you can, at the least make others aware of it.

I have devoted a significant part of my life's work in support of the independent artist -- independent referring not to the size of a project, its funding or subject matter; rather, to the singular vision and voice of that artist. I founded Sundance Institute 30 years ago out of the belief that it is vital to ensure that the artist's voice remains vibrant, valued and heard in civil society at large.
It is with this in mind that I ask you to join me in bringing wider attention and broader support to a critically important case currently in play in U.S. courts.
On May 6, 2010 Judge Lewis A. Kaplan ordered filmmaker Joe Berlinger to turn over to Chevron Corporation all raw footage -- some 600 hours -- from the making of his documentary, Crude: The Real Price of Oil. Chevron has sued to use this footage to bolster its legal proceedings in the very same case that is the central subject of Berlinger's film. The potential ramifications of this for the journalist community, film world and society in general are both shocking and profound.
Joe Berlinger has been connected to the Sundance family in a variety of ways for a number of years. Crude made its world premiere at the 2009 Sundance Film Festival; he has volunteered his time and expertise to Sundance Institute by serving as both a competition Juror and a Festival panelist, and he has participated in the Institute's Documentary Film Program. He has directed Sundance Channel's award-winning Iconoclast series along with Bruce Sinofsky and his films have been broadcast on the Channel as well.
His stellar career includes such landmark documentaries as Brothers Keeper, Paradise Lost and Metallica: Some Kind of Monster, all of which premiered at our Festival. But even if there were not these connections, I would strongly call for his support. Here's why.
Filmmakers like Joe Berlinger fulfill a crucial role in today's society by providing independent information on pressing contemporary human rights and social issues. Their success as storytellers depends on access to those men and women willing to talk on camera. If the subjects of those documentaries are fearful of the ramifications of telling the truth then the filmmaker has no story.
Without a shield law, there is no recognized journalist/filmmaker/source protection, creating the very scenario we have now. The judges in this case must recognize this is first and foremost a first amendment issue. The higher courts need to overturn the decision and adhere to higher standards of journalistic privilege.
If we allow the voice of the independent artist to be stifled we should expect nothing less than extreme repercussions for freedom of information...and freedom in general.
You can support Berlinger's legal efforts by going here.

Robert Redford is the Founder and President of Sundance Institute, a non-profit arts organization which supports independent artists worldwide.
www.sundance.org




 

About this project

The makers of the award-winning documentary CRUDE, which chronicles the inside story of the largest and most controversial environmental lawsuit on the planet--a 17-year, $27 billion struggle between 30,000 Ecuadorean rainforest dwellers and Chevron--are currently embroiled in a legal battle with Chevron, who has subpoenaed the CRUDE filmmakers and the nearly 600 hours of raw footage accumulated during the production. Our attorneys at Frankfurt Kurnit have argued that our footage is protected by the journalist's privilege, and forcing us to hand it over to any third party (either Chevron, the plaintiffs' lawyers, or anyone else) is a violation of our First Amendment rights.
But on May 6th, U.S. District Judge Lewis A. Kaplan ruled in Chevron's favor, creating a frightening precedent that we and many of our esteemed colleagues--from Bill Moyers to Michael Moore--agree will have a chilling effect on investigative journalism and documentary filmmaking as we know it.
We are appealing Judge Kaplan's ruling, but unfortunately, the fight is extraordinarily costly. As the third-largest corporation in America, Chevron has far more financial resources at its disposal than we do. We have set up this Kickstarter page as a way for our supporters to help us raise funds for our defense against Chevron and stand up in favor of the future of documentary filmmaking and investigative journalism.
Please donate whatever you can and pass this link on to others who may be interested in supporting the cause. Any financial support you can provide will be greatly appreciated, not just by us, but surely by numerous journalists and documentary filmmakers around the world who have voiced their support for our cause. If we fail to prevail in this case it will undoubtedly set a frightening precedent for the future of journalism and documentary filmmaking.
For those of you who have reached out to us through www.crudethemovie.com asking what you can do to help, this is it. CRUDE's Director/Producer Joe Berlinger has contributed a significant amount of his personal funds towards this case, but now we need to raise substantial additional funds for the appeals process. With your pledge, you can play an active role and make a very real difference in what has quite rapidly spiraled into an historic battle for the freedom of the press, the protection of the journalist, and the foundation of documentary film.
We hope you will help us put up a good fight.
-Joe Berlinger & Team CRUDE
*Recent Articles on the case include:
-LA Times Editorial "Chevron Sues Over 'Crude': A Documentary's Unused Footage, Akin to Reporters' Notes, Should be Protected
(http://www.latimes.com/news/opinion/editorials/la-ed-chevron-20100521,0,3553969.story)
-Bill Moyers' & Michael Winship's "Chevron's 'Crude' Attempt to Suppress Free Speech"
(http://www.huffingtonpost.com/bill-moyers/chevrons-crude-attempt-to_b_576595.html)
-John Shwartz & Dave Itzkoff's "Should a Documentary Filmmaker Get a Journalist's Privilege?"
(http://www.nytimes.com/2010/05/08/us/08pollution.html...)
-Dave Itzkoff's "Oscar Winners Back Filmmaker in Dispute With Chevron"
(http://artsbeat.blogs.nytimes.com/2010/05/12/oscar-winners-back-filmmaker-in-dispute-with-chevron/...)
For More articles on the case, please visit http://www.crudethemovie.com/crude-blog/

Project location: New York, NY