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Hugh Hamilton
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8/19/2009 4:29:28 PM
---- Updated 8/19/2009 4:30:15 PM
Slanderous anonymous blogger's identity to be exposed by court order
Interesting bit of legal news for all bloggers, but especially the anonymous ones:
"A model who was slammed with derogatory terms by an anonymous blogger has the right to learn the identity of her online heckler, a judge ruled."
Furthermore, the judge wrote "'The protection of the right to communicate anonymously must be balanced against the need to assure that those persons who choose to abuse the opportunities presented by this medium can be made to answer for such transgressions," quoting a previous legal decision in the state of Virginia.
Once the blogger's identity is revealed the model intends to sue for defamation.
Link:
http://www.cnn.com/2009/CRIME/08/18/new.york.model.blog.lawsuit/index.html?iref=newssearch
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Bryon Tosoff
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8/19/2009 4:34:56 PM
whoa is all I can say......but doubt if it can be enforced , do ya think?
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8/19/2009 4:44:18 PM
That was me. I'm hiring a lawyer by the name of Perry Mason.
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Hugh Hamilton
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8/19/2009 4:46:49 PM
I think it can, Bryon. While I'm not a techie, my impression is that there is really no true anonymity on the internet. Here's the deal from the CNN article:
"Steven Wagner, Cohen's attorney, said Google complied with the ruling Tuesday evening, submitting to his legal team the creator's IP address and e-mail address. Only a valid e-mail address is required to register for a blog on Blogger.com."
"Wagner said that once his legal team tracks the e-mail address to a name, the next step will be to sue Cohen's detractor for defamation. He said he suspected the creator of the blog is an acquaintance of Cohen."
In fact, the blogger actually has already fielded a lawyer, and obviously the lawyer lost round one of the legal battle. If push came to shove perhaps that lawyer could be forced to divulge the identity of their client. The anonymous bloggers can run but they can't hide.
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Bryon Tosoff
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8/19/2009 4:54:40 PM
yeah makes sense there Hugh, cause you have a ip address assigned to your computer which indeed identifies you. like the old days when one of my DJ buddies had a pirate radio station set up in his house in the late 60s and he got tracked down shut down fined massively ( I was an aspiring DJ way back in 71 and turned down a job when I was to be shipped way up north in Williams lake BC, bailed.....hah rather play music then spin it)
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Hugh Hamilton
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8/19/2009 5:07:50 PM
Making the music and spinning the platters and chatting it up are all good clean fun, Bryon...I'm a recovering IAC StationMasterHolic myself...lol...
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Hugh Hamilton
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8/19/2009 5:07:50 PM
---- Updated 8/19/2009 11:22:07 PM
(deleting a double post)
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Bryon Tosoff
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8/19/2009 5:15:07 PM
yeah Hugh it is something that can consume you sometimes ......I find myself getting way too involved in the music thing here with stations, , but I have time and it is fun and doing the blog thing, hours can roll by and you go oh oh,where did the day go , but should be fixing up the house and getting it finished.but it never ends...even when I have a schedule, speaking of which I am going to log off now and get to work.....cleaned up 4 decks here at home yesterday....need to paint today and do other fixing
bye
signing off
bryon.
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Tony Vani and Debbie Hoskin
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8/19/2009 5:20:06 PM
I agree that we all need to take responsibility for our actions, despite hiding behind a false ID.
Just wondering, how can an anon be caught, say, if they only use a public computer to sign in under the anon name?
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!((0rkza1
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8/19/2009 6:09:57 PM
internet is already non-anonymous. if you want you can already identify anyone and ban them from your blog if you want. i'm generally against laws that states the possibility to punish someone only for something he is writing/uploading/downloading on internet. there is too much space for interpretation using these laws, they can be useful also to dictators if they want to shut you up.
if anons provoke you writing anything you can reply or ban them without calling the postal police..i would investigate them only in case of real damage to my site or computer, not for whatever they can write on a blog.
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The Velveteenies
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8/19/2009 6:43:56 PM
---- Updated 8/19/2009 6:44:29 PM
What happens when an anon says something slanderous about another anon because my cousin Rabbit X called my best friend Bunny B a "Yomp" and actually it's true imo but it's his word against hers of course and it's all hearsay.
Twitch
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!((0rkza1
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8/19/2009 10:03:36 PM
---- Updated 8/19/2009 10:05:02 PM
happens that governament sends army everywhere saying that some dangerous anarcho-insurrectionalist is threatening national security, or puts some taxes on yomps and anons
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Hugh Hamilton
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8/19/2009 11:21:29 PM
---- Updated 8/19/2009 11:23:43 PM
Deb I suppose you're right about that. But once the legal system kicks in and a judgment has been issued THE MAN is gonna try to find the anon.
The point here (to me) is that illegal slander and defamation can be successfully fought, and the slanderer is legally liable for damages. Whether you're anonymous or not, the law applies. And some folks who believe their anonymity is assured are sadly mistaken.
And yes, this is a timely issue vis-a-vis the Hugo Chavez story, which seems to involve a tyrannical opposition to free speech. There is a difference between free speech and libelous speech. That's one of the things that keeps the lawyers wealthy.
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!((0rkza1
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8/20/2009 2:08:34 AM
i'm for libelous speech. for example if an anon says: 'you must be killed' without having any reason is of course an idiot. but i can't punish him if no one in the end kills me, arresting him for saying so won't save me from being killed if someone wants really to follow what he said. if you start making differences between free or libelous speech is the best way to get near to lybia or south corea..or italy:))
real criminals or mafia never says before on a blog 'i will kill you',, they say 'this is not acceptable' to one of their gangsta..they don't write on blogs, someone very expert will write for them, being very carful to not write something unpopular or slanderous. if they write or say something slanderous they do that by pourpouse knowing that they have money and good lawyers and the victim can't defend himself in no way. while having good lawyers they can accuse in every way they want if someone says something they don't like.
free/libelous speech debate is always dangerous for criminals..
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Social Spit
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8/20/2009 2:17:10 AM
If they can nail it down to the exact person whudunit, thats one thing, but if a person, on the internet, does not with to reveal their identitty, then there aint no way in 57 hells anyone can do anything aboot it.
If I am sure of my ground, I use my real name. Like when I lambast Rush Limbergerbaugh, if he were to try to sue me I'd LOVE to get him in court, I'll have him charged with SEDITION.
But usually when I am poking at people, I use a number of alia-asses, buty I dont do that much.
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