Several weeks ago, AOL admitted it "screwed up" by releasing 20 million search records of over 600,000 AOL users. Yesterday the Electronic Frontier Foundation filed a formal complaint with the Federal Trade Commission asking the FTC to investigate AOL's breach of consumer privacy. The complaint also wants the FTC to require AOL to strength its privacy protection policies in light of the inadvertent release. The Electronic Frontier Foundation maintains that there was enough information released to allow a few individual users to be identified.

AOL removed the data set from the website intended for academic research purposes, but the information had already been copied and possibly circulated by the time AOL acted. AOL spokesperson Andrew Weinstein stated "AOL did not provide any personally identifiable information to a third party," according to Ellen Nakashima of The Washington Post. The Electronic Frontier Foundation submitted a confidential brief to the FTC asserting that AOL did just that. In addition to the complaint regarding invasion of privacy, the Electronic Frontier Foundation also lodged a complaint against AOL for deceptive or unfair trade practices.

Should bloggers and enthusiast Web sites get the same protections for the identity of their sources as journalists?  Apple answered resoundingly no to this question in a hearing on its trade secrets law suit against the Electronic Frontier Foundation (EFF), whose attorneys represent the online bloggers/journalists of AppleInsider.com, MacNN.com and PowerPage.org. The case was heard before a three judge panel of the 6th District Court of Appeals last week.

Apple got mad about two years ago when unreleased product information was leaked to the websites and found its way into public view. Apple thinks its employees leaked the information and wants to force the bloggers to tell them who leaked it.  Apple is seeking emails related to the leaks. The bloggers claim they enjoy the protections given journalists, who under First Amendment rights can keep their sources secret.  If Apple wins, it also will stomp on the privacy protections of emails allowed under federal law.

Apple won the case in a lower court last year, but EFF appealed. So far Apple has been denied access to the name(s) of the leaker(s). Based on the tough questions asked by the appeal panel judges, it's doesn't look like Apple will have success there. 

That's good news for bloggers and journalists alike, but bad news for Apple and other tech companies.  In fact media corporations, such as The Associated Press, supported the EFF's position.  Tech companies, such as Intel, supported Apple. Many journalists saw this case as a milestone that could impact their own ability to protect their sources.  A final ruling is due within 90 days.