Judge issues gag orders on defendant for Google AdWords ads, but not for website
Last week Judge Susan Illston, presiding over Bowoto v. Chevron
in the Northern California Federal District Court, ordered Chevron to
stop running Google AdWords advertisements around the name of the
plaintiff, Larry Bowoto.
This action seems consistent with the intent of a gag order. "We're not going to fight the case in the press" she said, adding that plaintiffs would be
forbidden from participating in rallies or protests surrounding the
case.
I
find this puzzling, as she specifically asked if these ads were paid
search results. One of the co-counsel's for the plaintiff Bowoto in
this case, EarthRights International, has a page about information that
is second in the Google search results for "Larry Bowoto".
I
find the judge's action to ignore published web pages about information
around the case inconsistent and puzzling. The search advertising in
question is not the kind of expensive technique only available to
corporate plaintiffs. According to Google, there's no detectable
traffic on the plaintiffs name. I was able to place a $25 order for
ads on Larry Bowoto's name while I wrote this article, and there's no
competition for this keyword.
How Judge Illston could conclude
that plaintiffs publishing web pages about the case that come up in the
search results organically does not violate a gag order is a mystery to
me. If I were advising Chevron (I'm not, see Disclosure below) I'd
tell them to hire a Search Engine Optimization firm immediately to help
rank their own pages higher on plaintiff names and other keywords about
the case.
If the judge is going to allow her counsels to
continue to publish material on their websites as a loophole, I suggest
Chevron drive a tanker truck through it.
Disclosure: Virilion is not engaged by any interested party to work on communications around this trial.



