Amazon.com Successfully Rebuffs Grand Jury Subpoena for Customer Records

In a recently unsealed order, entered back in June, the Western District of Wisconsin rejected a grand jury's effort to subpoena customer records from Amazon.com in an effort to determine whether a bookseller had been paying taxes. Although the book purchasers were not the target of the investigation, the court worried that the subpoena would "permit[] the government to peek into the reading habits of specific individuals without their prior knowledge or permission." To avoid any unnecessary breach of privacy, the court devised an opt-in system, where the book purchasers would be notified of the prosecution and agree particular buyers could agree to cooperate with the prosecution. Although the state's interest in prosecuting crimes is high, and it seems like some of this information might have to eventually be made public, the court's decision here seems sensible. As long as the state's purpose can be accomplished in a way that does not infringe on people's reading habits, there is no reason to allow an unnecessarily broad subpoena to proceed. The court carefully fashioned a remedy that hopefully will both allow the prosecution to go forward and preserve the privacy of Amazon's customers.