Judge Rules Book Lists Protected

This is an interesting case. Essentially, the state of North Carolina is going after Amazon.com for sales taxes that "should have been" collected and paid to the NC Department of Revenue. As part of that effort, they filed suit demanding that Amazon surrender a list of book sales and customer names. Amazon fought it, and a judge ruled yesterday that lists of books and magazines purchased are protected under the first amendment and the government cannot demand such lists.
http://www.msnbc.msn.com/id/39856137/ns/technology_and_science-tech_and_gadgets

Lists that identify the books, music and movies individual customers bought from online retailer Amazon.com are protected from North Carolina tax collectors, a federal judge has ruled.

Amazon said in a lawsuit it filed in April in its hometown of Seattle that disclosing the names, addresses and purchases of its customers as requested by the North Carolina Revenue Department would harm anyone who may have bought controversial books or movies.

U.S. District Judge Marsha Pechman ruled late Monday that the First Amendment protects a buyer from the government demanding to know the books, music, and audiovisual products they've bought.

Now, Amazon didn't really win anything, here. The state government will probably amend their request to total sales. Removing the requirement to list customer names and book titles will remove the Constitutional hurdle, and Amazon may or may not end up having to pay sales taxes on those sales.


But this IS a victory for the rest of us. A federal judge has now ruled that the government cannot simply demand that bookstores and the like turn over records showing what books we may have purchased. That is protected data, thank heavens.

It may seem a minor victory to some, but it isn't. I've heard the argument that goes, "if you don't have anything to hide, then it shouldn't matter." But it DOES matter... What a particular customer may have to "hide" could be nothing more damning than an embarrassing affection for romance novels that he (or she) doesn't want anybody to know about. We have the right to a certain degree of privacy, and this is a good ruling.

For those of you who agree with the "if you haven't done anything wrong" argument, all I can say is that you can surrender your freedoms if you like, but I'll fight for mine.