AOL ‘Regrets’ Revealing Sailor’s Homosexuality

America Online admitted breaching its policy and said Wednesday it regrets disclosing to a Navy investigator the identity of a senior sailor now facing possible dismissal from the military service as a homosexual.

“This was a case of human error under very unusual circumstances,” AOL Inc. said in a one-page statement. While criticizing the Navy for the way it sought the information, AOL said of its disclosure: “This clearly should not have happened, and we regret it.”

Also Wednesday, Senior Chief Petty Officer Timothy R. McVeigh moved to save his Navy career by filing a case in federal court in Washington. McVeigh charges that the Navy pried into his personal affairs in violation of an electronic privacy law and the military’s “don’t ask, don’t tell” policy on gays in the military.

The service began investigating McVeigh last fall after a Navy spouse discovered information available through AOL and apparently written by McVeigh that indicated a sexual interest in men. McVeigh, 36, is a highly decorated senior enlisted man with 17 years in the service--three years shy of the 20 needed to retire with a pension. He is no relation to the convicted Oklahoma City bomber.

McVeigh, in dress uniform festooned with rows of awards and medals on his chest, stood at attention as U.S. District Judge Stanley Sporkin entered the courtroom. Later McVeigh changed into a business suit to speak with reporters, observing a regulation against uttering public statements in uniform.

McVeigh’s attorney, Christopher Wolf, said the Navy “broke the law” against wresting confidential information from online services. He also contended that the Navy violated the Pentagon policy on gays in the military, which prohibits open homosexuality but bars the military from trying to discover a service member’s sexual orientation.

Justice Department attorney David Glass argued that the 1986 law restricts online services from giving up confidential information but contains no limits on how investigators can go about seeking information.

Sporkin appeared to embrace this argument, noting that police routinely collect evidence volunteered to them that they would otherwise have to obtain through a search warrant. He said McVeigh may have a stronger case against AOL, and Wolf said after the hearing that he and his client “are keeping our options open with regard to [suing] AOL.”