Maine Court Hears Case On E-Mail Privacy
Rev Wally writes "A case before the Maine Supreme Court could change rules regarding an ISP revealing the owner of an e-mail address. It seems that some one (known in court documents only as John Doe) sent an e-mail of an unflattering cartoon of the plaintiff, Ronald Fitch, and his wife. Doe had registered for an e-mail address using Fitch's name. Doe's lawyer is arguing that the e-mail is protected as free speech, and the the ISP cannot be forced to divulge the names of subscribers except in a criminal case. Fitch is arguing that he may be a victem of identity theft."
If John Doe had sent the picture as a hard copy through the postal service or worse posted this throughout Ronald Fitch's neighborhood this would be a no contest case of slander.
That he used an e-mail address that had Ronald Fitch's name in it? With the dozen gmail invites I have I could make a dozen Ronald Fitch addresses. This is not identity theft. If I used those addresses to solicit his credit card information from the credit card companies than yes that's theft.
It's just some guy being a jerk.
-Teiresias
Since when does using the same name as someone else constitute identity theft? Maybe the cartoon was sent as Ronald Fitch the author. Or Ronald Fitch the ob-gyn specialist from Missouri. Or any one of the other hundred Ronald Fitchs showed up in my google search.