Internet Defamation Suit Tests Online Anonymity
The Xoxo Reader writes "Reuters reports that two women at Yale Law School have filed suit for defamation and infliction of emotional distress against an administrator and 28 anonymous posters on AutoAdmit (a.k.a. Xoxohth), a popular law student discussion site. Experts are watching to see if the suit will unmask the posters, who are identified in the complaint only by their pseudonyms. Since AutoAdmit's administrators have previously said that they do not retain IP logs of posters, identifying the defendants may test the limits of the legal system and anonymity on the Internet. So far, one method tried was to post the summons on the message board itself and ask the defendants to step forward. The controversy leading to this lawsuit was previously discussed on Slashdot."
IANAL, but honestly, I can't see how this could move forward unless the identities are revealed. How else are you going to serve a summons to "LawGuy69" and "LegallyBlonde11111one"? The laws regarding serving summons are pretty explicit.
I can't see how this could move forward unless the identities are revealed. How else are you going to serve a summons to "LawGuy69" and "LegallyBlonde11111one"? The laws regarding serving summons are pretty explicit.
From what the article said, there's a clear case of libel here. The remarks were untrue, malicious and there's considerable damage. It's surprising that people would take an internet forum attack seriously, but lawyers are slow learners. If the people responsible for that little fuck fest are unmasked, they are going to be made to pay. In cases like this, the damage is what counts even if it now looks foolish.
The unmasking should be easy, if StanfordTroll and friends really are law students. I doubt they have a botnet, so they should be easy enough to root out from records the ISPs keep. If they are not really students or are more sophisticated than average, there's a more interesting story here. I would not put it past either political party to engage in these kinds of attacks for political ends.
The rub is not the burning of the trolls but the lack of anonymity for whistle blowers and others actually reporting news that might embarrass the powers that be.
DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
Can someone please explain to me why allegedly prestigious law firms would use anonymous and clearly libelous postings as any sort of basis to decide whether to employ someone? Especially when many of the comments appear to be unrelated to legal ability (breast size, sexual orientation etc).
Surely, if these women are indeed excellent graduates, they will have completely non-anonymous references from prestigious law professors saying so. Why would a potential employer need anything else.
Perhaps this problem could best be solved by some sort of automated system which publishes random derogatory comments about all law graduates. Then, these law firms would not be able to employ any new graduates and would eventually go out of business!!
everyone is anonymous on the internet. you and i aren't posting as anonymous cowards, but we're still anonymous: all you know of me is my moniker, and a few tid bits of information about who i am that i choose to disclose which may or may not be true
therefore, all that is important is the speech we make. who we "are" is no more, or ess, than the words we say. i kind of like this idea: a complete meritocracy of ideas. attaching my speech or your speech to an "identity" won't make it any more or less responsible. so the line in the sand that you are drawing is a red herring: there is no public toilet posting board versus philosopher's lounge posting board. all posting boards are pretty much a special combination of interstate rest stop and town square tha toyu find on the internet. go ahead and view this thread with the cutoff point of -1 for posts. cheek to jowl with some high level intellignet and witty comments, you will find the most utterly retarded and ignorant asocial negative bullshit
in other words, welcome to the internet. you should try to familiarize yourself a little more with your chosen subject matter. there is no such thing as an identity on the internet. it's all without accountability and recourse. which makes it truly free speech
free speech brings out the good the bad and the ugly in human nature. so rather than some rather naive and idealistic individuals expecting that all human speech somehow become only good on the internet, maybe instead some of you, like these litigious law students, need to develop a higher level of tolerance to simple pointlessly negative and useless juvenile snark. it's not going away, no matter what you do. so just get used to it
using your analogy, when you use a rest stop on the highway, and you see the retarded commentary on the walls, does it devastate you? emotionally damage you? no. you just roll your eyes and forget about it 10 seconds later. so why would the snarky juvenile idiocy damage you on the internet?
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
If you started slandering me in public, I can identify at least which physical person is doing so, and probably get a police officer to tell you to quit disturbing the peace.
Not the point. The point is that you can be apprehended - a body can be associated with its speech. Posting anonymously on the Internet is more like leaving a boom box with a slanderous recording in the public square: while the speaker may ultimately be identified, it's immeasurably harder.
You must have been watching a "Jeeves and Wooster" marathon.
Sorry, but you're just plain wrong. Unless you go to greater lengths to concel the place from where you're posting, the FBI or Secret Service can certainly find you from an anonymous post if you're noticed and deemed a possible threat worth investigating.
I wonder how much time you must spend on the Internet to be unable to recognize the differences between a physical and an online presence?Tags != Comments, and -1 (Troll) != -1 (I Would Respond Angrily To This Poster So They Must Be Trolling)
So, I like to believe there's some kind of cosmic balance regarding the justice of things. What would be really cool here, is if someone would collect all the pseudonyms of the jack-asses posting things like pictures, rape threats, etc. and so on, *and* collect all of their comments to basically make a 'my space' profile of those pseudonyms. A clearing house of that users particular online personality.
/retch/). But the thing is, when someone tells you to leave them the hell alone, and you don't, and then someone fsck's with you and you tell them to leave you alone, and they don't... that, my friends, is cosmic justice. Oh - and funny.
Then figure out who that pseudonym belongs to. Offer a reward of 10 paypal bucks, an i-five, you know - stupid schwagg that should be more than enough to out the guy by his acquaintances, who undoubtedly also think he's an asshole. Confirm it of course, as best as you're able - maybe get a few pics of the guy along with his schedule, a pic of him taking a pic of one of his targets would be funny as hell, and then come back to Slashdot with the results. A "Hall of assholes who post on AutoAdmit".
Guaranteed those dicks will have a hard time getting a job (or staying in law school if some of those comments are to be believed). And it's not really actionable since all you did was tie his anonymous pseudonym to his real name (again, you'd need a really solid source for who he is), and by God, you didn't promise him any such anonymity.
Now I know, we'd all be in trouble if someone did this to us (for example, my own essays on the transcendent joy of seeing goatse...