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Man Tracked Down and Arrested Via WoW 464

kabome writes with this excerpt from a story about an alleged drug dealer who was located by law enforcement thanks to World of Warcraft: "Roberson’s subpoena was nothing more than a politely worded request, considering the limits of his law enforcement jurisdiction and the ambiguity of the online world. 'They don’t have to respond to us, and I was under the assumption that they wouldn’t,' said Roberson. ... Blizzard did more than cooperate. It gave Roberson everything he needed to track down Hightower, including his IP address, his account information and history, his billing address, and even his online screen name and preferred server. From there it was a simple matter to zero in on the suspect's location."
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Man Tracked Down and Arrested Via WoW

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  • Re:Impropriety (Score:5, Informative)

    by phantomfive ( 622387 ) on Saturday January 02, 2010 @03:31AM (#30620298) Journal
    They were upfront about it: it's in the privacy policy [blizzard.com]. In general it says they won't give out your information to third parties without informing you, but they do make an exception for law enforcement:

    We reserve the right to disclose your personal information as required by law or in special cases when we have reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against you if you are violating the Terms of Service or Use Agreements for a Blizzard site or product, or may be causing injury to or interference (intentionally or unintentionally) with Blizzard's rights or property, other users of a Blizzard site or product, or anyone else who could be harmed by your activities.

    They basically say if the police come, they'll have no problem giving up your information. I guess that is a problem for some people, but so far it doesn't bother me enough to make me stop playing.

  • by PCM2 ( 4486 ) on Saturday January 02, 2010 @03:42AM (#30620336) Homepage

    One has to wonder, if Blizzard goes that far above and beyond requests of law enforcement and gives mountains of data in response to polite requests-- not even subpoenas-- how seriously do they take the privacy of *your* personal information?

    Well, though people do tend to gloss over the fine details in things like EULAs and Terms of Service, it's not as if Blizzard is hiding anything from its users. From the WoW Terms of Use: [worldofwarcraft.com]

    C. Blizzard may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Blizzard believes that doing so may protect your safety or the safety of others.

    Blizzard gets a request from law enforcement, Blizzard hands over the info, simple as that. (And actually, if it were my company I'd probably have a similar policy. A "polite request" is just about the only contact I'd ever want to have with law enforcement, and the sooner they disappear from my life the better.)

  • Re:conundrum (Score:2, Informative)

    by jkells ( 1004385 ) on Saturday January 02, 2010 @03:42AM (#30620338)
    RTFA, he did get a subpoena. Due the jurisdiction and ambiguity of the online world they didn't have to respond to the subpoena, the subpoena was more of a polite request because they didn't have to co-operate with it.
  • by Chmcginn ( 201645 ) on Saturday January 02, 2010 @03:45AM (#30620350) Journal
    Did you understand the article? The subpoena had no force of law, as it was being served out of their jurisdiction. Done correctly, it would have had to have been served via the court in the jurisdiction the entity providing the information resided in - a California court, not an Indiana one. Because of time/funding/whatever issues, the sheriff didn't bother going that route, but instead sent what was in essence a request, not a subpoena.
  • You're the idiot. (Score:2, Informative)

    by Anonymous Coward on Saturday January 02, 2010 @03:46AM (#30620358)

    Did YOU read the summary?

    How about this part:

    "Roberson’s subpoena was nothing more than a politely worded request, considering the limits of his law enforcement jurisdiction and the ambiguity of the online world. 'They don’t have to respond to us, and I was under the assumption that they wouldn’t,' said Roberson.

    If you bothered to read the article, it's repeated there, as well. If it's just a "politely worded request" then use of the word subpoena was in error.

    Definition of subpoena:

    A subpoena (pronounced /sbpin/ or pronounced /spin/) is a writ issued by a court that commands the presence of a witness to testify, under a penalty for failure.

    If they were able to legally enforce this, I doubt they would have bothered with said "politely worded request" - look at the TSA's use of subpoenas, for example.

  • RTFA people... (Score:5, Informative)

    by CaptainPotato ( 191411 ) on Saturday January 02, 2010 @03:48AM (#30620370) Homepage

    Blizzard was subpoenaed:

    “None of that information was sound enough to pursue on its own, but putting everything we had together gave me enough evidence to send a subpoena to Blizzard Entertainment. I knew exactly what he was playing — World of Warcraft. I used to play it. It’s one of the largest online games in the world.”

    Due to the guy being in a different country, there was not a need to respond to it, but I guess that there would have been nothing to have stopped one being sought in Canada....

  • Re:Impropriety (Score:4, Informative)

    by Jah-Wren Ryel ( 80510 ) on Saturday January 02, 2010 @04:07AM (#30620468)

    Since when is killing oneself illegal?

    Surely you are joking? Almost every country in the world has laws against suicide. In the US it was only a decade or so ago that the last states took felony suicide and attempted suicide laws off the books.

  • Re:You're the idiot. (Score:1, Informative)

    by Anonymous Coward on Saturday January 02, 2010 @04:36AM (#30620600)

    Now, journalists often get their facts wrong, but by using the word subpoena 3 times, strongly suggests that THERE WAS A SUBPOENA.

    Whether the subpoena is valid, correct, enforceable and legitimate is a completely different question. But a subpoena clearly was sent, when the poster claimed there was no subpoena.

    A subpoena is not a court order, and a subpoena is not a warrant. The phrase "politely worded request" implies that the journalist knows how worthless a subpeona typically is.

    As written in a law dictionary:

    SUBPOENA, chancery practice. A mandatory writ or process, directed to and
    requiring one or more persons to appear at a time to come, and answer the
    matters charged against him or them; the writ of subpoena was originally a
    process in the courts of common law, to enforce the attendance of a witness
    to give evidence; but this writ was used in the court of chancery for the
    game purpose as a citation in the courts of civil and canon law, to compel
    the appearance of a defendant, and to oblige him to answer upon oath the
    allegations of the plaintiff.

    That just screams "politely worded request" doesn't it? It sounds like either the cop couldn't/didn't get one and tried anyway, or somebody's throwing around the word subpoena to make the request sound more legitimate.

    That the word subpoena was used three times strongly suggests that word does not mean what somebody thinks it means.

  • Re:conundrum (Score:1, Informative)

    by Anonymous Coward on Saturday January 02, 2010 @05:08AM (#30620734)

    You really are clueless aren't you?

    People who oppose Tasers do so not because of the safety risk (which they bring up only because Taser International, which claims Tasers are 100% safe, invented their own disease to explain it--"excited delirium"). They do so because of the civil rights issues and the fact that police use them when force isn't needed. Children, individuals sleeping on park benches, and individuals not resisting have been Tasered. And sometimes the police Taser individuals repeatedly when that is not needed. The civil rights violations with this device are well known, and your strawman argument doesn't fly.

  • Re:conundrum (Score:5, Informative)

    by xch13fx ( 1463819 ) on Saturday January 02, 2010 @09:26AM (#30621704)
    from wow EULA

    C. Blizzard may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Blizzard believes that doing so may protect your safety or the safety of others.

    D. BLIZZARD MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Blizzard is under no obligation to monitor Chat, and you engage in Chat at your own risk.
  • Re:can you explain? (Score:3, Informative)

    by realityimpaired ( 1668397 ) on Saturday January 02, 2010 @10:59AM (#30622282)

    The game is set up so that you can get to level 80 fairly quickly... the amount of experience required to go from level 1-70 has been reduced significantly since the game came online, and the 70-80 grind can be done in a weekend if you're serious about it (and have no life). Most people who play the game fairly regularly have at least one level 80 character, many have multiple level 80 characters.

    The reason he's saying that this appears to be a pretty bad player is because his equipment is sub-par in some cases, and because the way he's spent his skill points is a bit questionable... while it'd be perfectly effective for casual play, for the more hardcore raiding type players, the ones who get together in groups of 25 people to go kill gods and such, he would not be effective enough to be desireable.

    Also, he lacks some things that you would expect on a better player... players who have more experience and better equipment usually make money faster in game, and he lacks some of the achievements and talents you would expect of somebody who has money in game. (notice that there's an option for him to have two different talent specializations, but one of them is greyed out.) By contrast, look at this one [wowarmory.com].... that's my death knight, who I've been really really half-assed about playing. I took 4 months off WoW in the fall (as in, didn't log in at all), and my hunter is actually my main character and the one that I go more "hardcore" with... though even that character is being supplanted by a priest that I've been playing, as I'm finding that I enjoy healing much more... but if you compare his against the gear on my death knight, you'll notice that some items have significantly higher "item level", and that everywhere I can put a gem I have... likewise, everything that can be enchanted is enchanted (those green things like "Rune of the Fallen Crusader" on the axe). And my gear on that DK is less than standard... item level 232 is the highest I have, and there's stuff with level 264 available now. The tradeskills are all maxed out, I have dual talent specialization, and I have epic flying. All on a character that I really don't care about playing that much. (and who hasn't actually gone into a dungeon or raid in almost 5 months)

    There's an element of elitism among people who look at his gear and his talent spec and say that he's obviously a bad player... it's entirely possible that he makes it work and is a really good player. But it's more likely that he doesn't really understand his class or how to maximize his equipment and talent spec for the role he wants to play in the game.

One man's constant is another man's variable. -- A.J. Perlis

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