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Yale Students' Lawsuit Unmasks Anonymous Trolls

palegray.net writes "Two female Yale law school students have used the courts to ascertain the identities of otherwise anonymous posters to an Internet forum, with the intent of prosecuting them for hateful remarks left on the boards. At a minimum, the posters' future legal careers are certainly jeopardized by these events. While I'm not certainly not supporting or encouraging hateful speech online, these controversial actions hold potentially far-reaching consequences for Internet privacy policy and free speech." According to the linked Wired Law article, "The women themselves have gone silent, and their lawyers — two of whom are now themselves being sued — are not talking to the press."

475 of 668 comments (clear)

  1. Internets... by Wiseblood1 · · Score: 1, Insightful

    ....is serious business.

    --
    A conclusion is the place where you got tired of thinking
    1. Re:Internets... by superbus1929 · · Score: 4, Insightful

      The problem is... it is.

      Companies are going to great lengths to search for anything particularly incriminating on people that are applying for a job, and when you're starting out in a law firm - where your basically doing bitch work anyway, and your #1 job is fitting in - anything that they could find that could make a person look bad is going to be held against them. No one has any privacy left anymore, so things that used to get passed off as "kids being kids" have long-reaching consequences later in life. I cry for that.

      With all that said, no, I don't think that this case sets a good precedent. The fault here is anyone that would listen to anonymous slander and use it against the women in question for any reason.

      --
      Let's stop dilly-dallying and just change "-1: Overrated" to "-1: Disagree" or "-1: Doesn't Subscribe to Groupthink".
    2. Re:Internets... by DrLang21 · · Score: 4, Interesting

      Considering that anonymous trolls have a tendancy to feed off of eachother, I would not be surprised if this whole case has the opposite of the desired effect. More anonymous trolls will probably blast them. If someone is going to seek damages for some absurd post by an anonymous troll, they should think hard about whether or not any real damage is being done.

      --
      I see the glass as full with a FoS of 2.
    3. Re:Internets... by $RANDOMLUSER · · Score: 5, Funny

      Sister Bernice always warned me that things were going to Go On My Permanent Record.

      --
      No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    4. Re:Internets... by Southpaw018 · · Score: 5, Insightful

      So you can post whatever you want under the guise of anonymity, full stop? Free speech has never meant freedom from consequences. Forgetting that is a dire mistake to make.

      --
      ACs are modded -6. I don't read you, I don't mod you, I don't see you. Don't like it? Don't be a coward.
    5. Re:Internets... by mapsjanhere · · Score: 5, Insightful

      As long as the anonymous troll trolls with other anonymous trolls, everything is fine. These idiots were smearing the real names of future competitors in order to ruin their careers before they even have started.
      I personally can't wait until the top entry in google on their names will be "got sued by Jane Doe for defamation", together with a link to their highly professional statements. I'm sure it will greatly enhance their careers in the fast food industry.

      --
      I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
    6. Re:Internets... by ckthorp · · Score: 2, Interesting

      The solution? Give your children very common names. My wife is almost impossible to find online because her name is so common. When she was in high school, there were four or so other people with the same first and last name. One of them even had the same middle initial.

    7. Re:Internets... by mhall119 · · Score: 4, Insightful

      No one has any privacy left anymore

      Privacy starts at home, kids. If you don't want a future employer seeing pictures of you drunk and naked at a frat party, don't put them on the internet!

      Seriously, the biggest privacy problem we have these days is people thinking that everything is private unless they explicitly make it public, but reality doesn't work that way. Nobody goes walking down the street naked, then claims their privacy was violated when people looked at them. Well, the internet is no different. If you want something on the internet kept private, you have to make it private, otherwise it's public.

      --
      http://www.mhall119.com
    8. Re:Internets... by mc900ftjesus · · Score: 1

      Slander is verbal, libel is written. This is not a slander case.

    9. Re:Internets... by Anonymous Coward · · Score: 2, Insightful

      "so things that used to get passed off as "kids being kids" have long-reaching consequences later in life. I cry for that."

      Have you ever considered, that's exactly what human beings need? Human beings are so repressed, shallow, and cheap that perhaps it finally force us to come to terms with our darker side, and passions other people would consider vile. I'm sure there is a lot of unpopular sexual fantasies, not to mention forms of social organization out there that people want to realize.

    10. Re:Internets... by hiryuu · · Score: 1

      Give your children very common names.

      It gets even more so for those who have surnames that are common given names. Making things even more complicated in trying to identify such people are those instances where they might be addressed by their middle names rather than their first names. Those are folks who are very easily lost in the noise. Yes, it's technically security through obscurity, but unless you've actually found or been given a uniquely identifying bit of information about that person, the difficulty level of "finding" them is appreciably high. (You'll note I did not posit it to be impossible.)

      Add in occasions where someone has been sensible enough to have separate (and disparate) online identities for personal and professional causes and, well, they might as well not exist unless they deliberately draw attention to or identify themselves.

      --
      Karma: Excellent, but still won't get you laid.
    11. Re:Internets... by BlackSnake112 · · Score: 3, Insightful

      It is a post to an online web forum. If anything the people running that forum should be the ones being sued. If the comments were that far out of line they should have been removed by the people running that forum.

      People in general need to grow up and realize that not everyone in the world is going to agree with you or like you. Many will even hate you for what ever their reason. That is life, get used to it.

      If an online forum can trash your chances of getting your career going, then that speak volumes for society. And not in a good way.

      Flame away.

    12. Re:Internets... by computational+super · · Score: 4, Interesting

      Actually, yes, freedom of speech DOES and always has meant freedom from consequences. After all, if it doesn't, then what's the opposite? What is "restricted speech" if free speech can mean anything from "you're free to say it, but you may get fired for saying it" right up to, "you're free to say it, but you may be executed by firing squad". Does "restricted speech" mean going around and cutting out people's tongues and chopping off their hands before they say something that might be banned?

      Where you're confused is thinking that we actually have or ever had free speech. We're (in America, at least) supposed to be free from governmental consequences, but even that comes with a load of (all stupid) exceptions.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    13. Re:Internets... by stewbacca · · Score: 3, Insightful

      No, you got it wrong. You can post whatever you want, full stop. Which part of "Congress shall make no law abridging the freedom of speech" you don't understand?

      Every aspect of the Bill of Rights comes with a big ole asterisk. (Freedom of Speech/*Hate Speech, Right to Bear Arms/*Fully Automatics, etc. etc.)

    14. Re:Internets... by bruce_the_loon · · Score: 1

      Sex?

      --
      Trying to become famous by taking photos. Visit my homepage please.
    15. Re:Internets... by King_TJ · · Score: 4, Informative

      This has never been true with using "anonymous forums" on the Internet, really.

      For example, someone just recently commented on Craigslist's "Rants & Raves" forum how his brother was paid a visit by "Homeland Security" here in the USA, because he had posted an anonymous comment advocating the shooting of the current president.

      Anonymous message forums I've seen and used never gave me a written guarantee that my identity would never be subject to being uncovered if I posted there. They merely function anonymous as a matter of "general practice", subject to the prevailing laws of the land.

      IMHO, anyone posting hate speech or directly attacking people by name on an "anonymous" forum should be aware that they better use methods of their own to ensure they can't be traced back by IP address to their whereabouts. Relying on the forum to "shield" them from the law is a risky bet, at best.

    16. Re:Internets... by GNT · · Score: 2, Insightful

      No it doesn't. That is why we are in the FUBARed situation we are in. The Founding Fathers forgot to say that they meant the rights to be absolute. Unfortunately, the anti-Federalists were right and should be revered for their wisdom.

    17. Re:Internets... by Oligonicella · · Score: 1

      "someone must believe the allegations to be true"

      Not true. Career defamation is sufficient.

    18. Re:Internets... by HiThere · · Score: 1

      And if they are anonymously defaming people by name, without providing verifiable evidence, then I'm not at all sure they SHOULD be protected.

      The only reason that I can see for protecting such people is in order that anonymous political speech be protected. If it already isn't being protected, as the evidence seems to show, then I see no reason to protect anonymous libelers at all.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    19. Re:Internets... by Mistshadow2k4 · · Score: 3, Insightful

      Which part of "Congress shall make no law abridging the freedom of speech" you don't understand? Anonymity is only needed if you don't want to be recognized.

      How is their right to freedom of speech being violated? They're not being censored. As noted above, freedom of speech does not mean freedom of consequences, but you seem to be ignoring that and saying it does.

      Which consequences do these bitches

      And you just insulted them. I think you're proving their point. you seem to think you can hide behind anonymity and say whatever you want. What if you couldn't? I can guarantee you that if you called me a bitch on an internet board and lived anywhere near me you'd get punched in the face. Clearly, what you're advocating is that your identity be protected. That has nothing to do with freedom of speech.

      That's definitely *NOT* an actionable consequence of free speech.

      Why not? Just because you'd rather it wasn't? What if a lot of other people don't feel the same way? Because a lot of people don't. And before you start calling everyone who disagrees with you stupid and trying to make out like they're morally wrong for not allowing you to get off scot-free with abusing people online anonymously, I have to wonder why you so apparently want to make sure that you can still troll others and keep your identity a secret.

      In short, grow up. If you don't have the guts to say something and let it be known that you said it, you should keep it to yourself in the first place.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    20. Re:Internets... by Hektor_Troy · · Score: 4, Insightful

      I'm sure it will greatly enhance their careers in the fast food industry.

      Well, I'm sure the day will come that even fast food joints will check up on their applicants. Just how many places do you think will want to hire someone to work alongside women and serve food to women, when they have repeatedly not only shown themselves to be womenhaters, but actively threatened to rape them repeatedly in the ass?

      My guess is "not many".

      --
      We do not live in the 21st century. We live in the 20 second century.
    21. Re:Internets... by g0bshiTe · · Score: 1

      I agree cause everything on the internet is true, else why would someone bother to post it?

      --
      I am Bennett Haselton! I am Bennett Haselton!
    22. Re:Internets... by BitterOak · · Score: 4, Insightful

      If you don't want a future employer seeing pictures of you drunk and naked at a frat party, don't put them on the internet!

      And what's to stop someone else from posting that pic of you drunk and naked at the frat party?

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    23. Re:Internets... by Mistshadow2k4 · · Score: 2, Insightful

      Nobody goes walking down the street naked, then claims their privacy was violated when people looked at them.

      That's the best analogy I've ever seen on /. that didn't involve a car. Seriously.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    24. Re:Internets... by Anonymous Coward · · Score: 2, Insightful

      Freedom of speech not withstanding -
      If you're not willing to put your name on it, it is probably not worth writing.

    25. Re:Internets... by GrayCalx · · Score: 3, Insightful

      Privacy starts at home, kids.

      What if you are home and Google Street View is in your driveway looking in your backyard or your window?

    26. Re:Internets... by MarkvW · · Score: 1

      You should be modded up into the stratosphere for that one!!!!!!!!!!!!!!!!

    27. Re:Internets... by lgw · · Score: 3, Insightful

      Hate speech is fully protected speech, unless uttered in a way as to provoke immediate violence (and even then, it's not the speech per se, but the intent to incite violence, that is the crime). Fully automatic weapons would have been protected by the second amendment in any rational world, since the context is clearly the right to bear military arms.

      The big ole asterisks are flagrant violations of the constitution, not exceptions to it.

      If we don't want people walking down the street with AK-47s and RPG7s and surface-to-air missiles, we should amend the constitution, not pretend it doesn't say what it obviously says.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    28. Re:Internets... by Sancho · · Score: 4, Insightful

      Anonymity can be used to prevent otherwise unlawful repercussions. It doesn't much matter that Congress makes no law if the moment you blow the whistle on the local police department, you get indefinitely harassed with bogus, trumped up charges.

      Anonymity can be an important part of free speech. The line between it being necessary and harassment is very fine, indeed. Usually, it depends upon who the speaker is talking about.

      In order to claim slander, there are two prerequisites: first, the allegations must be false, second, someone must believe the allegations to be true. Unless they can prove there is someone somewhere stupid enough to believe in anonymous posts they read on the internet, there are no consequences to that trolling.

      That's oversimplifying to a huge degree.

      First of all, there are slightly different laws in different states. I'm not sure what the laws in this case are. If they are as you say, then fine, ignore the rest of this post.

      A defamation claim can be made for just about any reason. If someone says something negative about you, you can take them to court for it. You've laid out the common defenses to a defamation claim--if it's the truth, in the US, you'll probably lose the case. If it's not true, generally, you have to prove that there was malicious intent. Believability is only one aspect of malicious intent. A statement could be slanderous without being believable ("Jane Doe kills puppies for Satan!"). Of course, if you are a celebrity, you have a higher burden of proof. Now, the alleged slanderer must have knowingly lied. If the guy heard from another guy that I (a celebrity) fucked a goat, and they publish it, I probably won't win the suit.

      One of the most common defenses against such suits is that the person was stating an opinion. That's a whole separate can of worms. It's all really quite complicated.

      In this case, it sounds like the trolls were making statements with the intent to defame competition, so that the trolls would get opportunities that these Jane Does would otherwise have received. I have no doubt that the Janes will win, unless the trolls made it quite clear that they were expressing opinion, and weren't attempting to state facts about the Janes.

    29. Re:Internets... by I'm+not+really+here · · Score: 4, Insightful

      Problem with this statement "Don't put them on the internet" is this - many of these photos on the internet were not posted by the individual claiming a desire for privacy.

      Facebook is a horrifying example of this. I have a friend who's facebook photos are nice and clean and show him as he (99% of the time) is. Shown right below that are the 300+ photos in which friends have tagged his face in so that people know they are of him. So... the 1% of his life in the last 3 years in which he made mistakes and did things that look ridiculous (wearing a bra on a dare, that type of stuff), are now plastered on the internet, and he cannot do anything about it.

      So... yes, true privacy is dead. Long live the False Sense of Privacy.

      --
      Before commenting on the Bible, please read it first
    30. Re:Internets... by camg188 · · Score: 4, Insightful

      Which part of "Congress shall make no law abridging the freedom of speech" you don't understand?

      Libel != freedom of speech.
      If you damage someone because you knowingly made false statements about them, they can sue for compensation of those damages.

    31. Re:Internets... by i.of.the.storm · · Score: 1, Insightful

      I'd really like to know what you're smoking because freedom of speech definitely does not mean freedom from consequences, and never has. It simply means that you can say what you want and no one will keep you from saying it, but if you're harming someone else then of course they can seek reparations. The purpose of government is for the betterment of society, otherwise we would have no reason for a government. When government is formed the citizens create a social contract, which limits individual freedoms for the good of the whole. If that's not the purpose of government, I don't know what is.

      --
      All your base are belong to Wii.
    32. Re:Internets... by bob_herrick · · Score: 2, Insightful

      Unless they can prove there is someone somewhere stupid enough to believe in anonymous posts they read on the internet

      You must be new here...

    33. Re:Internets... by mscholin · · Score: 1, Insightful

      Those "big ole asterisk" that you mention are not anywhere on the original document. They only came into being less than 100 years ago when "Political Correctness" became such a big deal. You mention Hate Speech as not being covered by Freedom of Speech. There you are wrong, the only time that your Freedom of Speech can/should be withheld is if with that speech you incite the violation of another citizens rights, and there is nothing in the Bill of Rights about not getting you're feelings hurt. On the other hand the Bill of Rights also doesn't protect you from the consequences of said speech. If that means you are arrested for disturbing the peace or beat down for offending someone, you still had the right that speech. As for the Right to Bear Arms/*Fully Automatics, that one just doesn't make sense to me. I personally see nothing wrong with people who want or own Full Autos, as long as they have them legally. The Second Amendment gives Law Abiding Citizens the right to own weapons. Every time a ban makes it to the SCOTUS it's been deemed Unconstitutional. What this means is that they can control who has what weapons but cannot ban them. All bans on weapons(guns or otherwise) have done throughout history is create a victim society, mainly due to the fact that the people they are trying to keep from getting said weapons will have them anyways. They aren't going to care that they aren't supposed to have them.

    34. Re:Internets... by Arthur+Grumbine · · Score: 1

      We could call it Amendment 2.8

      --
      Now that I think about it, I'm pretty sure everything I just said is completely wrong.
    35. Re:Internets... by bob_herrick · · Score: 1

      Give your children very common names.

      Or name them after someone famous with the same last name. I sport the moniker of a cavalier poet; my name's first real hit is around page 35 on Google.

    36. Re:Internets... by Anonymous+Psychopath · · Score: 1

      If anything the people running that forum should be the ones being sued.

      Seriously? People should not be accountable for what they say, but the place they said it should be? Not to mention the censorship angle... well, I guess I just have a lot of problems with your idea. Nothing about free speech protections is intended to leave you unaccountable for what you say. There are well-established differences between stating an opinion and slander, and the Internet doesn't change that.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    37. Re:Internets... by geekmux · · Score: 5, Insightful

      And what's to stop someone else from posting that pic of you drunk and naked at the frat party?

      Errr....I dunno, perhaps you taking charge for your own actions and not getting drunk and naked at a frat party?

      One thing we should have learned by now, damned cameras are everywhere. Either take responsibility for your own actions, or expect the inevitable to happen.

    38. Re:Internets... by Sj0 · · Score: 2, Insightful

      It is pretty serious.

      While I'm not certainly not supporting or encouraging hateful speech online[...]

      I think the writer wrote this because they're a covetous Jew and they don't want anyone stealing their Jew gold.

      --
      It's been a long time.
    39. Re:Internets... by bev_tech_rob · · Score: 1

      ABSOLUTELY! That is the moral of this story and others like it... mod parent up!

      --
      You're messin' with my Zen Thing, man.....
    40. Re:Internets... by brkello · · Score: 1

      Umm, no. No world (that I know of) exists where actions have no consequences.

      Even "governmental consequences" exist in the American version of free speech and often for good reason. Like yelling fire in a crowded theater or threatening peoples' lives. If you think those are stupid exceptions, then I think you haven't really thought this through in a realistic way.

      What freedom of speech actually represents is the right for people to criticize their government without consequences. So if I don't like Bush's policies, I can say so and not worry about people kidnapping me in the middle of the night to a private prison.

      If I were to find out your real identity, call up your employer and tell them that you are a drug dealer, molest children, and are a danger to yourself and others...I sure bet you would be upset when you got fired because of this and would want to pursue legal ways to prevent me from doing this in the future. If the freedom of speech you want existed, this country would be even more screwed up than it already is.

      --
      Support a great indie game: http://www.abaddon360.com
    41. Re:Internets... by Translation+Error · · Score: 1

      You not being drunk and naked at the frat party.

      --
      When someone says, "Any fool can see ..." they're usually exactly right.
    42. Re:Internets... by Miseph · · Score: 1

      Um... he could untag himself. Facebook lets you do that, even in other people's photos.

      --
      Try not to take me more seriously than I take myself.
    43. Re:Internets... by Pichu0102 · · Score: 1

      Then control your behavior and don't do things you wouldn't be comfortable with someone like your mother knowing about.

    44. Re:Internets... by geekoid · · Score: 1

      "Hate" speech is just speech someone else doesn't like, and as such should be protected, regardless of how vile it may be.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    45. Re:Internets... by GhaleonStrife · · Score: 1

      I have the name of a certain well-hated Prime Minister.

    46. Re:Internets... by geekoid · · Score: 1

      Only for a little while.
      AS the college graduates of the last few years move up, this will be less of a deal because they actually understand the nature of the internet.

      Plus, it can be gamed. For example: I could create several sites that seem to support any claim I make on my resume.

      Anonymous slander is worthless, and will be just noise in a few years.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    47. Re:Internets... by Sj0 · · Score: 1

      Only if you can prove damages, which would require the allegations to be true.

      Another interesting thing about this is, someone can have a bad enough reputation that they're effectively 'libel-proof'.

      This is the reason I'm not bothering to press charges against a stalker I've got who sent out a mass-email with completely fabricated allegations that I've got a criminal record. Everyone knows she's a liar, so nobody believes her. No damages for me.

      --
      It's been a long time.
    48. Re:Internets... by geekoid · · Score: 2, Insightful

      "unless uttered in a way as to provoke immediate violence "

      Which is exactly why it should always be protected.
      As soon as an argument starts, someone says what the other person said is hate speech to get off the hook of attacking them.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    49. Re:Internets... by Sj0 · · Score: 2, Insightful

      You've got the dumbest interpetation of freedom of speech I've ever seen.

      If certain speech isn't regulated, then how can one be punished for it? If it's not censored, then how come you're being charged? It's axiomatic. In order to punish someone for saying something, their free speech must be abridged, or no infraction took place. In order for free speech to be abridged, you must have punishment for violations, or no abridgement took place.

      --
      It's been a long time.
    50. Re:Internets... by megaditto · · Score: 1

      As noted above, freedom of speech does not mean freedom of consequences

      Yes, yes it does, you fucking numbnuts. Freedom from "consequences" is exactly what is meant by not abridging the freedom of speech. The govt doesn't have to physically gag you for you not to be free to speak.

      In Soviet Russia, anyone could call Stalin a cocksucker at any time they liked. But that's not Freedom of Speech because the government would promptly capture, torture, and kill you and your entire family afterwards.

      --
      Obama likes poor people so much, he wants to make more of them.
    51. Re:Internets... by moderatorrater · · Score: 3, Funny

      Wait a minute. THE Sancho fucked a goat? I've gotta go tell my friends!

    52. Re:Internets... by Jimmy_B · · Score: 3, Informative

      I'd really like to know what you're smoking because freedom of speech definitely does not mean freedom from consequences, and never has. It simply means that you can say what you want and no one will keep you from saying it, but if you're harming someone else then of course they can seek reparations.

      You are absolutely wrong. Freedom of speech means freedom from consequences. If someone will take action against you for saying something, then you aren't free to speak.

      The government is legally required to respect your freedom of speech; they cannot fine, imprison, harrass, or otherwise act against you because of something you have said. However, only the government is required to respect your freedom of speech; private people can do whatever they want in response to what you've said, so long as they don't break the law. For example, if you say something that I find offensive, I may refuse to hire or do business with you. I can do this because (a) I could legally have done it even if you had kept quiet, and (b) I am a private person, not part of any government.

      In this case, a court has taken action against posters: it has revealed their identities, thus exposing them to harassment and other consequences from private parties. Since the court is a government agency, it can't do that.

    53. Re:Internets... by zigmeister · · Score: 1

      Well shit. I was just trying to look chill and cool to get that hot chic, so I took 8 shots of B. 151 in 15 minutes. I may or may not have done coke lines off some strippers ass, and a migdet orgy. Now the pictures are on the internets and I'm basically fucked. No, I'm not worried about my mom, I'm worried that all the annoying frat guys are gonna call be and be like "Dude where's the party?" Any suggestions on how to remove those pictures? (e.g. something a little less extreme than C4 vs. Facebook's servers) In all seriousness though I have actually done that. (The shots, not the rest.) Luckily my friends weren't huge assholes to me.

      --
      Failure formatting five FAQs of financial facts.
    54. Re:Internets... by TeraCo · · Score: 1

      Kids should be kids, people old enough to attend Yale Law school should act like fucking adults.

      I'm looking forward to more of this in the future, the sooner everyone realises that the internet isn't a place where you can act like a retard with no penalties, the more likely it is that we're not going to end up with a bunch of ineffective 'internet laws' courtesy of your local lawmakers.

      --
      Not Meta-modding due to apathy.
    55. Re:Internets... by Sique · · Score: 3, Insightful

      All bans on weapons(guns or otherwise) have done throughout history is create a victim society, mainly due to the fact that the people they are trying to keep from getting said weapons will have them anyways. They aren't going to care that they aren't supposed to have them.

      This part I would call "wishful thinking". Allowing weapons to everyone has never minimized the number of victims. Theories saying that it should do so have been brought forward several times, and some of them actually sound pretty logical. But they all have collided with that strange thing named "reality" and crashed badly.

      --
      .sig: Sique *sigh*
    56. Re:Internets... by aix+tom · · Score: 1

      Exactly.

      In another topic people get worked up because ISPs advertise "unlimited" internet when in reality they try to enforce limits. That also can't be defended with "free speech", because it's not true.

      In that case the ISPs also try to get an advantages by spreading false statements.

      So the question really is, are the statements that were made about those women true or not. If yes, then the trolls should get off the hook, if not they should be responsible for the damages.

      Committing some kind of fraud (Like telling someone "Yeah, that IS a genuine Mayan ash tray" and then selling it to him) also can't be justified by the free speech argument.

    57. Re:Internets... by Admiral+Ag · · Score: 1, Insightful

      Yes, but we are talking about people attending law school at an Ivy League university. Such people tend to be extremely ambitious and will often do pretty much anything to get what they want. They'll throw tantrums if anything gets in their way (because they see themselves as so deserving).

      Everyone in this case seems to have a major entitlement complex. All of them should end up working as janitors to teach them some humility.

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    58. Re:Internets... by tmossman · · Score: 1

      This is precisely why we need legislation allowing disputes of this nature to be settled via saber duel. Everything becomes more polite if we may be forced to back our words to first blood at dawn.

    59. Re:Internets... by Actually,+I+do+RTFA · · Score: 1

      hat is "restricted speech" if free speech can mean anything from "you're free to say it, but you may get fired for saying it" right up to, "you're free to say it, but you may be executed by firing squad".

      I like this point. Free has to mean consequenceless. (Obviously, not all forms of speech are free, such as slander, yelling "Fire", "fighting words", etc.) Over time, thanks in part to limiting the role of the government, corporations have become far more likely to restrict your freedom.

      ut even that comes with a load of (all stupid) exceptions.

      They don't seem stupid to me...

      --
      Your ad here. Ask me how!
    60. Re:Internets... by Actually,+I+do+RTFA · · Score: 1

      ..I dunno, perhaps you taking charge for your own actions and not getting drunk and naked at a frat party?

      So, I have a right to privacy, as long as I don't do anything interesting. BTW, far better to get naked at a sorority party.

      --
      Your ad here. Ask me how!
    61. Re:Internets... by lgw · · Score: 1

      As soon as an argument starts, someone says what the other person said is hate speech to get off the hook of attacking them.

      That's not the kind of speech that's illegal (in most places). It's the "all you good people listening: let's go lynch those bad people right now" type of speech. Very similar to conspiracy, but the police can arrest you before anyone actually gets lynched (conspiracy requires an overt act to be a crime, inciting a mob to violence does not).

      --
      Socialism: a lie told by totalitarians and believed by fools.
    62. Re:Internets... by stewbacca · · Score: 2, Insightful

      So you are claiming there's no such thing as ban on assault rifles, and the right to bear arms in unconditional and absolute? That's why we have constitutional law--because nothing is absolute.

    63. Re:Internets... by stewbacca · · Score: 1

      Jeezus. Some people are impossible. Ok, how about this then: Free Speech/*Slander

    64. Re:Internets... by stewbacca · · Score: 1

      I personally see nothing wrong with people who want or own Full Autos, as long as they have them legally.

      The problem with your statement is that it doesn't matter in this conversation what your stance is. The fact remains that rights are not absolute, even if we think the Constitution says they are, because constitutional law has told us differently. Slander is illegal, in spite of free speech. Felons can't own guns, in spite of the right to bear arms. Every freedom outlined in the Constitution has some sort of legal fine-print, like it or not.

    65. Re:Internets... by russotto · · Score: 1

      Aw, then what's the fun of getting naked at a FRAT party?

      I think you're confusing "FRAT" with "STAG". Yeah, I know they're both four letters and all...

    66. Re:Internets... by russotto · · Score: 1

      Have you ever considered, that's exactly what human beings need? Human beings are so repressed, shallow, and cheap that perhaps it finally force us to come to terms with our darker side, and passions other people would consider vile. I'm sure there is a lot of unpopular sexual fantasies, not to mention forms of social organization out there that people want to realize.

      No, it won't. It'll only make us MORE repressed, as only those who are either very clean (according to whatever society's conceptions are at the time) for their entire life or very, very, good at not getting caught.

      Sure, if I were considering someone for a job and someone else showed me a picture of the candidate passed out drunk, or in BDSM costume, or smoking something which didn't look like tobacco, I'd ask why in hell they were showing me this. But I'm not the kind of person who hires people. THAT kind of person is likely to actually be horrified, and/or to be so afraid of what their clients/insurers/potential courtroom adversaries would think, they'd discard the candidate. So stuff which was once either completely harmless or at least had limited damages can now become a black mark for the rest of your life. That will create repression, not free us from it.

    67. Re:Internets... by stewbacca · · Score: 2, Insightful

      You hate people with opinions? After you spout off four lines of your own opinion of how the Bill of Rights are to be interpreted? My whole point is that your opinion and my opinion don't matter, because I'm just going to assume that you aren't a constitutional lawyer (and I know I'm not one).

    68. Re:Internets... by moderatorrater · · Score: 1

      Charge them with trespassing like you would anyone else?

    69. Re:Internets... by HeadlessNotAHorseman · · Score: 1

      The solution? Give your children very common names. My wife is almost impossible to find online because her name is so common. When she was in high school, there were four or so other people with the same first and last name. One of them even had the same middle initial.

      That's why I named all three of my daughters "John Smith"!

      --
      I like my coffee the way I like my women - roasted and ground up into little tiny pieces.
    70. Re:Internets... by murdocj · · Score: 4, Informative

      Of course a court can take action based on speech. What do you think happens in a defamation suit?

    71. Re:Internets... by protohiro1 · · Score: 1

      Crime != tort

      --
      Sig removed because it was obnoxious
    72. Re:Internets... by superbus1929 · · Score: 1

      What were we taught as children? Sticks and stones and all that?

      Let's keep perspective; either way, we're on a slick slope, and if I have to err, I'm going to err on the side of no censorship.

      --
      Let's stop dilly-dallying and just change "-1: Overrated" to "-1: Disagree" or "-1: Doesn't Subscribe to Groupthink".
    73. Re:Internets... by superbus1929 · · Score: 1

      I'm... not quite sure I get where you're coming from. Don't we want MORE freedom, meaning LESS repression? I think you're trying to connect the dots the right way, but you went from A to K.

      --
      Let's stop dilly-dallying and just change "-1: Overrated" to "-1: Disagree" or "-1: Doesn't Subscribe to Groupthink".
    74. Re:Internets... by eldepeche · · Score: 2, Informative

      You sound like you're against this result, but your argument supports it. No one said these guys don't have a right to say disgusting shit, but their statements were lies or threats or calls to harassment or other things that have no merit and are wholly intended to be harmful to specific people.

    75. Re:Internets... by eldepeche · · Score: 2, Interesting

      Yes, these Jane Does sound like they feel entitled not to be threatened with rape.

    76. Re:Internets... by eldepeche · · Score: 2, Interesting

      In this case, a court has taken action against posters: it has revealed their identities, thus exposing them to harassment and other consequences from private parties.

      That's rich, since the lawsuit alleges that the posters engaged in harassment. Wouldn't want them to be harassed.

    77. Re:Internets... by eldepeche · · Score: 1

      Free speech means Congress shall make no law abridging the freedom of speech. However, things like slander, libel, and harassment are actions.

    78. Re:Internets... by rtb61 · · Score: 1

      However, more likely someone who can throw away tens of thousands of dollars suing internet trolls, is likely going to get a job via nepotism anyhow. So filing suit is simply a way of saying "I am rich and can afford to fuck you up via the courts so I will try to do so" and because they are rich they are basically free from the consequences of doing so.

      As for anonymous post, just remember to clearly differentiate between opinions and statements of fact.

      So for example it is safer to say, 'I think' those individuals filing suit are clearly worthless spoilt brats, with wildly inflated self opinions and are using their parents money to justify their own bloated egos, which is 'likely' why they drew those negative postings in the first place. Besides Lawyers, even lawyers in training should know better than to make false statements of fact, so really no loss if all players in this minor drama are lost to the industry.

      --
      Chaos - everything, everywhere, everywhen
    79. Re:Internets... by TriggerFin · · Score: 1

      ...The Founding Fathers forgot to say that they meant the rights to be absolute....

      I don't think they did. "Congress shall make NO law...", "...shall NOT be infringed."

      --
      Here's your sig.
    80. Re:Internets... by cyphercell · · Score: 1

      seriously, fuck off, nah I'm being funny. anyways it's a tough question: How do you mix anonymity and accountability without compromising either?

      As far as the girls go, I think they have every right in the world to be pissed off. I haven't RTFA, but from what I've read, if someone talked to me like that I'd be fucking livid. Sensitivity to violence/abuse plays big here. A little razzing from a troll is fine, but threats of violence are pretty big for a lot of people, particularly women. Personally, I hope they are a couple of brilliant, rich kids, that will pour their resources into this and find something equitable to live with.

      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
    81. Re:Internets... by rasmack · · Score: 1

      Smearing the real names of future competitors? I think not. I would be more than a little surprised if any prospective employer in his/her background check would attach any importance to a statement that the candidate under consideration "should be raped" (from TFA).
      First of all the signal to noise ratio on the internet is probably not optimal for stuff like that making it into an executive summary of a background check (disregarding for a second that this particular instance made it to the Washington Post and Wired).
      Secondly... well if she's hired after her new boss has read such a statement about her, then perhaps she should just decline the job offer. ;-)

    82. Re:Internets... by Dan541 · · Score: 1

      Free-Speech = Free from consequences.

      The United States of America has never supported free speech.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    83. Re:Internets... by sm62704 · · Score: 1

      No one has any privacy left anymore

      You have as much privace as I've always had, and I'm 56. You have privacy in private places, like you always have had. Nobody knows what you're doing with your lover in the privacy of your bedroom, whether sleeping of shagging. Some privacy is protected by law - in Illinois it's illegal with threat of prison to tape someone without their consent.

      You don't have privacy in a public place. You never have had. And the internet is a public place. If you wear a mask while walking through a park, don't be surprised when a cop makes you take it off.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    84. Re:Internets... by overunderunderdone · · Score: 1

      In this case, a court has taken action against posters: it has revealed their identities, thus exposing them to harassment and other consequences from private parties. Since the court is a government agency, it can't do that.

      For the most part I agree with your position. People get confused about free speech all the time thinking that it affords some obligation on private parties to approve, promote, not criticize etc.. Yet they are fine with laws that expressly forbid the kind of political pamphleteering that seemed most dear to the founders.

      BUT, you are wrong in this case. Free speech, nor any other right found in the constitution is utterly without limits. I have the right to bear arms but not to brandish a pistol in your face. I have the right to free speech but if I use lies to defraud you I can't claim that since all I did was talk I'm immune from legal consequences based on my right to free speech. In the USA we have comparatively weak defamation laws precisely because of the potential impact on people's freedom of speech. BUT, ultimately you can be sued by an individual about which you have said things you know are untrue with the intent to harm them. In court you will get to make your case and the truth of your statements will be an absolute defense, or your own ignorance of the truth, or the absence of malice, or the fact that the claimant wasn't actually harmed by your speech will all get you off... these are not unreasonable limitations of free-speech and the guys that wrote the phrase into the constitution didn't even perceive a potential conflict. From the founding until New York Times Co. v. Sullivan in 1964 defamation laws were seen as totally immune from a free speech defense. Until that time it was an area of law that was completely unrelated to free speech rights (like my fraud example above). Since then the courts have perceived a conflict and defamation laws have been weakened but obviously not abolished. (Hugo Black took your position but his view obviously didn't prevail.)

    85. Re:Internets... by tha_mink · · Score: 1

      How do you mix anonymity and accountability without compromising either?

      You don't. How do you mix black and white without comprimising either. (I guess some sort of swirly kinda deal would do it)

      --
      You'll have that sometimes...
    86. Re:Internets... by tehcyder · · Score: 1

      Nobody goes walking down the street naked, then claims their privacy was violated when people looked at them.

      That's the best analogy I've ever seen on /. that didn't involve a car. Seriously.

      What the GP meant, of course, was "Nobody goes driving down the street naked, then claims their privacy was violated when people looked at them."

      Simple mistake, don't hold it against him.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    87. Re:Internets... by mrraven · · Score: 1

      Threatening to do something and actually doing it are two VERY different things. How far we have fallen from the heady days of protecting say James Joyce;s semi pornographic ramblings in Ulysses. Someones career ought not ever be ruined by words that harm no one IMO. Sticks and stones can hurt my bones, but words will never hurt me.

      Interestingly enough although I generally skew hard left at least on economic and environmental issues my strong line against hate speech apparently puts me in the right wing camp on this one. Well, whatever I am more concerned with with ethics than labels. Answer hate speech with more speech IMO.

      --
      Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
    88. Re:Internets... by SpiderClan · · Score: 1

      That's not the way I understood it. "Provoke immediate violence" applies more likely to a third party. Saying "Those guys over there are on their way to burn down your house. Stop them!" is an intent to provoke immediate violence (presumably a failed attempt unless the speaker is more eloquent than me). Regardless, both the provocation and the violence are then crimes.

    89. Re:Internets... by I'm+not+really+here · · Score: 1

      Really? Untag himself? From hundreds of photos? And keep untagging himself as others add photos and tag them?

      How is this a real solution?

      All one has to do, if one hates another, is to post thousands of photos of the individual, post false and deceitful information on forums, implement a google bombing to destroy their name. And, if that is not enough, the instigator can get the 'mob' to do the rest for him/her. All the instigator has to do is post something to inflame the mob justice ("He's a pedophile and everyone needs to know it! Think of the children!" "She's got aids and sleeps with men she hates to infect them. She needs to be stopped!"). Get enough inflammatory falsehoods out there, and someone is bound to do the dirty work for them and destroy this person's life.

      Privacy is dead (or at least is in the ICU).

      The only true privacy left is privacy through obscurity (or perhaps absolute paranoia). Once someone wants to know something about you, they will find something, and much of it will be information you did not even know was out there on you. Good luck finding it all, and good luck actually getting it legally removed without drawing attention to the private data in the process.

      It's a battle we chose to lose decades ago... it's just finally come to the point that we actually feel the loss. So again, I say, privacy is dead. All we have left is an attempt to sift through the falsehoods to try and find a sliver of real understanding about a person and be able to discern what is slander and what is actually the person's personality and life choices - and what hiring manager has that kind of time?

      --
      Before commenting on the Bible, please read it first
    90. Re:Internets... by mollymoo · · Score: 1

      Once it becomes apparent that so many "dirty little secrets" are the norm rather than the exception, it is the freakishly clean ones who will be viewed with suspicion.

      --
      Chernobyl 'not a wildlife haven' - BBC News
    91. Re:Internets... by Aero77 · · Score: 1

      I think you over-estimate the pool of candidates for fast food jobs.

    92. Re:Internets... by NotmyNick · · Score: 1

      Luckily my friends weren't huge assholes to me.

      Yet. That's because he hasn't caught you staring at his wife's tits.

      --
      Notmysig
    93. Re:Internets... by Joe+the+Lesser · · Score: 1

      taking charge for your own actions and not getting drunk and naked at a frat party?

      I agree with you so long as you mean dudes.

      --
      "I only speak the truth"
      Karma: null(Mostly affected by an unassigned variable)
    94. Re:Internets... by Joe+the+Lesser · · Score: 1

      Facebook should have a 'don't tag me ever' option.

      --
      "I only speak the truth"
      Karma: null(Mostly affected by an unassigned variable)
    95. Re:Internets... by zigmeister · · Score: 1

      Luckily my friends weren't huge assholes to me.

      Yet. That's because he hasn't caught you staring at his wife's tits.

      That is a very critical and thorough analysis. I must say that a gentleman of your intellectual stature ought to be in the venture capital business.

      --
      Failure formatting five FAQs of financial facts.
    96. Re:Internets... by computational+super · · Score: 1
      What do you think happens in a defamation suit?

      Freedom of speech is ignored, that's what. If you believe in libel, you don't believe in free speech. Just because the government does it, doesn't make it right.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    97. Re:Internets... by Darby · · Score: 1

      When government is formed the citizens create a social contract, which limits individual freedoms for the good of the whole. If that's not the purpose of government, I don't know what is.

      The purpose of government is so that those who run it can fuck everyone else with an air of legitimacy.
      The purpose of "representative government" is to give the rubes the illusion that they can meaningfully influence the process.

      Now you do know what the purpose is. The big question is how did you possibly reach your current age without realizing something *that* simple. That's very seriously naive.

    98. Re:Internets... by slashdotwannabe · · Score: 2, Insightful

      No it doesn't. That is why we are in the FUBARed situation we are in. The Founding Fathers forgot to say that they meant the rights to be absolute. Unfortunately, the anti-Federalists were right and should be revered for their wisdom.

      So you've interviewed Mr. Jefferson have you? Mr. Adams told you from the grave "d'oh! I knew there was something I left out!!".

      Forgive the sarcasm, but I'm trying to point out that you are making an assumption of the Founding Fathers intent was based on what your personal desires are.

      IMO our Constitution is so amazing not for what it says, but for what it leaves out and makes us figure out for ourselves, every decade or so. This ensures it is a living document, continually updated by those living under its authority, never a dead document forced on the living by those long dead.

      IMO, Ben, George, James and the rest forgot nothing, least of all that they were doing an incredibly dangerous thing -- trying to predict the future, and how that future might best be governed. They knew that every word could just as easily be a noose as a gift.

      --
      This comment is my opinion and does not represent an official position of Donald Trump or others I do not work for
    99. Re:Internets... by mhall119 · · Score: 1

      That's not a problem with internet privacy, though, which was the only aspect I was trying to make a point about.

      The things you do at a party are public to anybody attending the party, so if you don't want your friends posting pictures of you drunk and naked on the internet (or anywhere else), either don't be drunk and naked in front of your friends, or get more trustworthy friends.

      --
      http://www.mhall119.com
    100. Re:Internets... by mhall119 · · Score: 1

      BTW, far better to get naked at a sorority party.

      It's far better for the other people at the sorority party to be naked, unless you just like the sight of yourself, in which case the sorority seems unnecessary.

      --
      http://www.mhall119.com
    101. Re:Internets... by Moekandu · · Score: 1

      "Don't tag me, bro!"

      --
      Mediocrity knows nothing higher than itself; but talent instantly recognizes genius. -- Sir Arthur Conan Doyle
    102. Re:Internets... by ResidntGeek · · Score: 1

      Children are no longer taught "sticks and stones can break my bones, but words can never hurt me". They're now taught "sticks and stones can break my bones, but words can shatter the soul".

      Explains a lot, doesn't it?

      --
      ResidntGeek
    103. Re:Internets... by I+cant+believe+its+n · · Score: 1

      Fredrik Reinfeldt, is that you?

      --
      She made the willows dance
  2. :x by cushdan · · Score: 5, Funny

    I don't feel comfortable posting a comment.

    1. Re::x by garett_spencley · · Score: 1

      Um, hate to inform you ... you just did!

      :O .... HATE SPEECH!!! I sue YOU!

    2. Re::x by SoundGuyNoise · · Score: 5, Funny

      You should have posted as Anonymous Coward.

      --
      You never expect irony, do you?
      Want to be a professional wrestler? Visit www.iyfwrestling.com
      @iyfwrestling
    3. Re::x by Archangel+Michael · · Score: 1

      Hate speech, I sue you back!

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    4. Re::x by cushdan · · Score: 1

      What did you just call me??

    5. Re::x by couchslug · · Score: 1

      "I don't feel comfortable posting a comment."

      Now all the world sees this weakness and will forever revile you for it!

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    6. Re::x by Bloodhound+Alpha · · Score: 1

      Sue buggy red, no sue back!

  3. The posters deserve to be unmasked by mark2003 · · Score: 5, Informative

    This is not a free speech issue - the posters made threatening and offensive comments, inlcuding suggesting that they would assault/rape the female students.

    These comments would not be tolerated in any other setting so why should they be tolerated online?

    1. Re:The posters deserve to be unmasked by ElectricTurtle · · Score: 5, Insightful

      Offensive speech is still free, so long as it is a matter of opinion and not fact. I can say 'John is a jerk' and be protected by the first amendment because it is not libel if it is my opinion of somebody. If I say 'John has herpes' (and he doesn't) that is libel because it's a demonstrable, objective state that can be proven to be untrue, rather than a difference of opinion. Threats aren't protected speech either. I don't know why this is a big deal, some people made threats and were given what they were due. I'd expect the same to be done to anybody who made threats. If it were just libel I might be more concerned, as the effects of libel on the internet are less clearly defined. Libel is more 'effective' between people in meatspace because of reasonable differences in the level of trust. I simply wouldn't trust every nasty rumor on the internet as a matter of what I would think of as common sense, but I might trust the same rumors from a close associate in person.

      --
      I support the Slashcott and will not be reading or commenting from 2/10/14 to 2/17/14. Beta is steaming pile of dog shit
    2. Re:The posters deserve to be unmasked by Profane+MuthaFucka · · Score: 1

      Mark2003, I'm gonna rap....

      wait a second, there's someone knocking at my door.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    3. Re:The posters deserve to be unmasked by Ethanol-fueled · · Score: 5, Insightful

      There's a big difference between saying "So-and-so's business practices are suspect" and saying "So-and-so gave me herpes and I'm going to kill them."

      This wouldn't be too bad if potential employers and romantic interests weren't so damn nosey -- imagine kicking ass in a job interview for a good position only to discover that you were turned down because your psychotic, jealous ex with a lot of time on their hands gamed Google(or created a fake MySpace page) and made you out to be a drunk, zoophile, or worse!

      Dosen't matter if the incendiary posts were written by people called "HitlerHitlerHitler" and "GoatseFan1" -- the hiring manager may think, "Hmm, he/she sure does have a lot of enemies" or "I'd rather not have all that controversy attached to somebody who works for me." Same applies to potential romantic interests.

    4. Re:The posters deserve to be unmasked by mark2003 · · Score: 3, Interesting

      Offence is one thing but comments like "I think I will sodomize her. Repeatedly" are in a different league.

      What about the womens' rights to not feel threatened?

    5. Re:The posters deserve to be unmasked by rhyder128k · · Score: 1

      "Well, no one called Hitler could possibly be an evil man."

      --
      Michael Reed, freelance tech writer.
    6. Re:The posters deserve to be unmasked by Anonymous Coward · · Score: 5, Interesting

      I think this points to how anonymity is *usually* used for evil

      Really? C'mon... remember that next time you visit that medical web site to ask about that really embarrassing rash. You might want to be anonymous when inquiring about your options on terminating an unwanted pregnancy. You might also enjoy the anonymity when you visit those pr0n sites, when you criticize Scientology, when you're playing Unreal instead of working, when you visit that atheism web-site. When you bare your soul at an AA-type forum, you might not want your name on there. Or maybe you're blowing the whistle on your company's poisoning your town by publishing incriminating documents...

      Anonymity on the Internet certainly has its downside, but I think it's one of the major features for why MANY millions of people use the Internet in the first place-- it can is a liberating, empowering experience to participate in open forums, chat rooms, etc. without fear of personal consequence. Yes, people say things that they would not say otherwise including libelous accusations and even threats... but I think the upside FAR outweighs the downside.

      Posted anonymously, of course.

    7. Re:The posters deserve to be unmasked by HappySmileMan · · Score: 5, Insightful

      I think this points to how anonymity is *usually* used for evil, instead of good like most geeks think about it.

      One lawsuit can't prove that something is "usually" true or false. What it shows is that in at least 2 cases (one for each of the trolls) anonymity is used for evil. You need a lot more than 2 cases to say that the majority of anonymous people on the internet are using it for evil

    8. Re:The posters deserve to be unmasked by Anonymous Coward · · Score: 1, Insightful

      The hell they wouldn't.

      Example: Yesterday I turned on the radio and heard a rap singer threaten to kill someone.

      Example: Last week at the bar, a lady told me she was going to "Rape my dick with her mouth".

      Example: I heard a group of athletes say that they were going to "Kill the other team".

      Example: I was playing an online video game and several people said they were going to kill me, rape me, or do other very nasty things. I called them 'tasty cakes' and said I was going to shove pinecones up their asses.

      So you see, this is entirely situational. There is, from what I can tell, no proof of WHO actually posted the comments, just that the comments were posting using the accounts/user names that were registered to those people. There is a big difference.

      At the end of the day, you do NOT have any right to Not be Offended. Especially on the internet.

    9. Re:The posters deserve to be unmasked by geminidomino · · Score: 1

      All of the above is evil south of the Maxendixen(sp?) line.

      If you're referring to "The South" (in US terms), then the line in question is "Mason-Dixon"

      At least you didn't call it "Mason-Dixie" :)

    10. Re:The posters deserve to be unmasked by Anonymous Coward · · Score: 3, Interesting

      At the university where I served my sentence as an undergrad, the first time you plugged a computer into the campus network, you would be sent to a walled garden wherein you had to input various ID numbers and passwords.

      Once you had done this, the campus network forever associated the MAC of that computer's network adapter with that student. You could plug that computer into any RJ45 jack on campus, and the network would know you and hold you responsible.

      If one wanted to dissasociate the MAC from onesself, the process required paperwork.

      Given how easy it is to change an MAC (even in XP,) I've always considered it something of a miracle that I never heard of anyone being impersonated and royally fucked---whether out of personal malice, or by someone just trying random MAC's to get a working network connection without exposing their own ass.

      I shudder to think of what would have befallen someone who was victimized in that manner; how could they have even begun to prove their innocence? What if the MAC-impostor was trafficking in child porn?

      I tend to think that assholes abusing anonymity is a small price to pay to avoid creating scenarios where the innocent can be screwed essentially without recourse.

    11. Re:The posters deserve to be unmasked by Anonymous Coward · · Score: 2, Interesting

      But they never made threats. The only thing that is mentioned that even remotely resembles a threat was the statement

      "Women named Jill and Hillary should be raped."

      1. There are a lot of women with those names. So this could not be considered a threat against any specific person.
      2. It does not say they will be, or imply that they will be. The word "should" implies a statement of opinion, not intent.

      While this may be offensive to the weak-minded, it is certainly not a threat.
      Notice that the people who initially brought the lawsuit or their lawyers can't be reached. The lawyers (and the plaintiffs) need to be charged with filing a frivolous lawsuit.

      Move along, no news here.

    12. Re:The posters deserve to be unmasked by Darkness404 · · Score: 1

      But in a screwed up judicial system like the US has, this one instance will be put to use on many, many other things that aren't on the same level.

      For example, if you are playing any MMORPG, or any other online game, and you call someone a noob, or say GTFO, or something like that, they could in theory sue you. and the if this convicts the trolls, the judges, even the few who are still sane, are nearly 100% bound by this law.

      --
      Taxation is legalized theft, no more, no less.
    13. Re:The posters deserve to be unmasked by alexborges · · Score: 1

      1) Effective, impune evil, REQUIRES anonymity.

      2) Anonymity DOES NOT require any kind of evil.

      Precluding anonymity ON THE NET on the basis of substracting effectiveness to evil acts is just the most idiotic idea i have ever read.

      Evil guys need to be anonymous to be effective at their stuff. But no ammount of law in the net is going to stop them.

      It doesnt stop them in meatspace, how the FUCK is it going to stop them online and WHY, for christ sakes, would that be correct?

      Whats the EEEEEVVVVIIIIILLLL you can inflict in an internet forum?

      Yeah, do you imagine UBL in the NYT forums reaking all sort of havoc as an AC, right?

      OOOoooOOOO thats SCARY!

      --
      NO SIG
    14. Re:The posters deserve to be unmasked by alexborges · · Score: 1, Interesting

      What about womens obligation to be REASONABLE beings?

      In an internet forum, an anonymous post of:
      "I think I will sodomize her. Repeatedly." is as harmless as me putting here on slashdot:
      "I think Guillermo del Toro should make the hobbit with Hello Kitty drawings in mind" (hey, perhaps the second one is way worse!).

      Yes, it will irk a geek/grl or two, but it would be UNREASONABLE to assume that I or the anonymous present ANY KIND OF danger to the girl or to The Hobbit.

      Its just plain stupid.

      --
      NO SIG
    15. Re:The posters deserve to be unmasked by alexborges · · Score: 1

      Is an anoynymous post a "threat"?

      Doesnt a threat require some sort of plausible DANGER?

      --
      NO SIG
    16. Re:The posters deserve to be unmasked by A+nonymous+Coward · · Score: 1

      If you get in an argument at work or a party or with your neighbor, and are told "Fuck you" to your face, do you go running to the authorities for protection? That's a much more credible threat than a mere anonymous internet posting.

    17. Re:The posters deserve to be unmasked by Chris+Mattern · · Score: 2, Insightful

      What about the womens' rights to not feel threatened?

      No such thing. A woman, or a man, for that matter, has a right not to *be* threatened, and if you believe that statement to be actual threat, that is one thing. But you cannot seriously make us legally responsible for other people's feelings.

    18. Re:The posters deserve to be unmasked by Anonymous Coward · · Score: 1, Insightful

      Fuck that. Anonymity is usually used for good. I generally post anonymously and do not do any of the negative things ascribed to those in the article. I also do not try to use the courts to obtain information about other posters on the internet, even when I find their commentary offensive, threatening, and of questionable legality were I to press charges. But, then again, I am not a law student trying to make a name for myself at the expense of freedom of expression. It is sickening that this was allowed in a civil case.

    19. Re:The posters deserve to be unmasked by Vancorps · · Score: 1

      You mean like an anonymous post from another student threatening to sodomize her? Sounds like plausible danger although I don't know why you'd say she has herpes and then go on to talk about sodomizing her, seems to me like the anonymous poster was admitting to already being infected, otherwise he'd be the one in danger!

    20. Re:The posters deserve to be unmasked by Sciros · · Score: 1

      when you visit that atheism web-site

      I post on richarddawkins.net (non-anonymously) as often as I post here and I'm not afraid to admit it ^_^. Hopefully in time, no-one will be afraid to admit such things. Much of what you mentioned, such as asking about abortion options, criticizing religions and cults, etc. -- hopefully in time people will find that they don't need to feel threatened when they do them. Anonymity can a very useful and even necessary thing for people with non-malicious intentions, but I do hope that as time goes by, as people become more and more enlightened, anonymity to hide from the religious ideology that frowns upon half the things you mentioned will no longer be necessary.

      --
      I like basketball!!1!
    21. Re:The posters deserve to be unmasked by Anonymous Coward · · Score: 1, Interesting

      Most importantly, anonymous communication is one of the last bastions of hope against a tyrannical state. The fact that nearly every tyranny that has ever existed sought to eliminate anonymous communication should tell us something. A free society is impossible without it.

      No doubt, if the state could effectively criminalize anonymous communication, they'd do it in a heartbeat. If one pays attention to trends, one would notice that most of the world's governments are heading in this direction.

    22. Re:The posters deserve to be unmasked by Hyppy · · Score: 4, Interesting

      It's your right to be offensive. There are no laws against that.

      It's my right to sue you for offending me. There are no laws against that, either.

    23. Re:The posters deserve to be unmasked by Hyppy · · Score: 2, Funny

      That depends on who you ask. All it took was one nutjob with a shoebomb to delay security checkpoints another 10 minutes for the barefoot populace.

    24. Re:The posters deserve to be unmasked by Hyppy · · Score: 1

      Essentially, that's the problem today. Complete anonymity isn't perfect (obviously), and there is no functional way to ensure everyone's identity. A half-assed compromise would only allow people to become victimized by impostors.

    25. Re:The posters deserve to be unmasked by Hyppy · · Score: 2, Insightful

      Whats the EEEEEVVVVIIIIILLLL you can inflict in an internet forum?

      Terrorist threats? Exposing personal id-related information of an enemy, such as their SSN, bank account passwords, etc? What about posting where a controversial politician's children play after school?

    26. Re:The posters deserve to be unmasked by Hyppy · · Score: 2, Informative

      It can easily be considered a threat. Try walking into an airport and saying "crowded places in countries called America should be bombed." I doubt you'll be able to say that it wasn't a threatening statement.

    27. Re:The posters deserve to be unmasked by Hyppy · · Score: 2, Insightful

      Is someone immediately less dangerous when they click the "Anonymous" button?

    28. Re:The posters deserve to be unmasked by keithjr · · Score: 5, Insightful

      I saw this more as a Clear and Present Danger argument, although I am not sure if that is how it was presented. Yelling "fire" in a crowded theater, and so forth. Threatening to rape and murder a classmate is a pretty good way to have ones privacy justifiably suspended to ensure the safety of those threatened.

      People just need to learn that just because you said it on the internet doesn't mean the statement carries no weight.

    29. Re:The posters deserve to be unmasked by Hyppy · · Score: 3, Insightful

      "Fuck you" is not nearly as threatening as naming a person, especially a female, and then discussing how they should be sodomized.

    30. Re:The posters deserve to be unmasked by TheBig1 · · Score: 1

      While I can see your point, I don't think that bringing up a scenario of what you can or cannot do in an airport demonstrates a valid counter point.

    31. Re:The posters deserve to be unmasked by Sciros · · Score: 1

      I'd like to add that Slashdot is in thrall to the government, as clearly seen from their tendency to add "Coward" to the name of someone posting anonymously.

      --
      I like basketball!!1!
    32. Re:The posters deserve to be unmasked by ObsessiveMathsFreak · · Score: 1

      This wouldn't be too bad if potential employers and romantic interests weren't so damn nosey -- imagine kicking ass in a job interview for a good position only to discover that you were turned down because your psychotic, jealous ex with a lot of time on their hands gamed Google(or created a fake MySpace page) and made you out to be a drunk, zoophile, or worse!

      I would be delighted to hear of such an occurrence, as I would be saved the bother of working for people who put more stock in rumors, gossip and innuendo than they do in my professional credentials.

      --
      May the Maths Be with you!
    33. Re:The posters deserve to be unmasked by Abcd1234 · · Score: 1

      Offensive speech is still free, so long as it is a matter of opinion and not fact.

      And so long as they don't say "I'm going to stab John and the fuck his tender asshole". If these students really did threaten to assault or rape those women, they can be charged for threatening violence, which AFAIK, is still illegal (citation).

    34. Re:The posters deserve to be unmasked by TomatoQueen · · Score: 1

      How reassuring to know of your good intentions and behavior, past, present and future. What did you say your name was?

    35. Re:The posters deserve to be unmasked by Anonymous Coward · · Score: 1, Interesting

      Not to mention the tendency of many slashdot members to begin their speeches with an insult to the parent poster's choice to remain anonymous, or to generally attempt to paint anonymous communication as a tool of malice rather than liberty. I can't believe how many otherwise intelligent people fall victim to this brand of mindless group-think, e.g. "I don't respond to anonymous posts", "anonymous posts aren't worth reading". Even when they have something to say that everyone desperately needs to hear? Really?

      The end result is that by and large, anonymous speech is relegated to second-class (exactly how the religion of conformity would have it). Slashdot certainly isn't the only place where this kind of group-think occurs.

      A thinking person would realize the value of anonymous communication and cherish it, rather than degrade it. A thinking person would realize that anonymous communication is one of the first prerequisites of freedom.

    36. Re:The posters deserve to be unmasked by linzeal · · Score: 1

      I use the boyfriend rule when talking to women. If I know the boyfriend and he would allow me to get away with something like telling a dirty joke, flirting or the like I might. If on the other hand he would physically assault me with a foreign object if I breathe on her I typically show her the utmost respect.

    37. Re:The posters deserve to be unmasked by zachdms · · Score: 1

      What's the harm created by those statements?

      Maybe if you draw a bright line between what's acceptable (pointing out that someone's gaming performance is subpar using harsh words) and what's not acceptable (threatening them) you might be able to create a valid and useful test. Kind of like the difference between yelling LIAR or FIRE in a theater. There's seemingly precedent in not having laws be hamhanded.

    38. Re:The posters deserve to be unmasked by Hyppy · · Score: 2, Insightful

      While I can see your point, I don't think that bringing up a scenario of what you can or cannot do in an airport demonstrates a valid counter point.

      I think it addresses both points brought up by the GP. See this quote:

      1. There are a lot of women with those names. So this could not be considered a threat against any specific person.

      My example statement is not a threat against any specific establishment.

      2. It does not say they will be, or imply that they will be. The word "should" implies a statement of opinion, not intent.

      My example statement does not state that any crowded place will be bombed, just that it should be.

      The example is not specific to an airport, either. You could say such a thing within earshot of just about anyone and be considered threatening.

    39. Re:The posters deserve to be unmasked by pjt33 · · Score: 1

      I shall make a point of not reading late Poet Laureate John Betjeman's "Slough" in an airport.

    40. Re:The posters deserve to be unmasked by Anonymous+Psychopath · · Score: 3, Insightful

      It's your right to be offensive. There are no laws against that.

      True. But there are laws against slander, libel, stalking and assault. All of which were, arguably, committed by the posters under an assumption of anonymity. I read a lot of their posts a year or so ago when this hit /. the first time, and these guys were definitely over the line of offensive.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    41. Re:The posters deserve to be unmasked by Kismet · · Score: 1

      What are rights and where do they come from?

      If there is no law against a thing, does that make a "right?"

      It's hard to nail down what "being offensive" means and whether or not there are rights involved.

      Some people are offensive to other people just by being alive. On the other hand, there are those who go out of their way to be offensive on purpose. In the former case, the offensive person certainly has a right to be alive. In the latter case, someone else's rights might have been infringed by the offender, or at least great privileges taken where no right exists.

      What this means is that we ought to use good personal judgment when we assume privileges. As Americans, we assume many privileges that we do not have rights to, according to our theory of natural law. Sometimes we even establish privileges by legislation, and these are usually called "civil liberties." There is nothing wrong with civil liberties. It could be said that we have a natural right to civil liberties.

      The problem is that people (who do not understand the philosophy of natural jurisprudence as laid down by John Locke, David Hume, Adam Smith, Thomas Jefferson, and others) confuse civil liberties with natural rights.

    42. Re:The posters deserve to be unmasked by alexborges · · Score: 1

      All this examples are credible threats or comited crimes.

      Saying you want to sodomize someone (not even rape, just fuck'em in the ass), in an anonymous internet forum is NOT A CREDIBLE THREAT.

      Hell... its not a threat at all.

      --
      NO SIG
    43. Re:The posters deserve to be unmasked by atraintocry · · Score: 1

      Your first sentence is dangerously close to the old "why be secretive, unless you have something to hide?" challenge. I have a few counters for that.

      First: you learn in business to stay away from people who consider you to be untrustworthy. This is because they're usually trying to screw you over. They see you and everyone else as a potential thief because, as thieves themselves, they aren't morally developed enough to understand why someone with the same opportunity wouldn't do the same thing as them. As they say, "it takes one to know one".

      Second: anonymity keeps other people honest. Try voting in a fixed election where everyone can see who you've chosen and the incumbent has hired guys with rifles to "guard" the ballots. Also, consider police informants. Or the US federal witness protection program. Or whistleblowers who help journalists.

      In the service of a dishonest man, anonymity removes accountability. But in the service of honest men, it promotes it. Everything that wasn't classified or redacted in the US in the last 8 years is locked up in safe in the VP's office. If the people who answer to us expect privacy, then goddamit they'd better quit trying to take ours away.

    44. Re:The posters deserve to be unmasked by hellwig · · Score: 1

      Dosen't matter if the incendiary posts were written by people called "HitlerHitlerHitler" and "GoatseFan1" -- the hiring manager may think, "Hmm, he/she sure does have a lot of enemies" or "I'd rather not have all that controversy attached to somebody who works for me." Same applies to potential romantic interests.

      I think that's grounds for a lawsuit against the employer. They can't discriminate against you for something they found posted on the internet that may or may not have anything to do with you. How can they prove that a post on the internet is about you in the first place.

      "I searched the internet for John Smith, and when I read about your affair with some native american woman by the name of Pocahontas, I simply had to decline you a position at our fair company. We are a family business and simply couldn't tolerate such a widely-known scandal reflecting back upon our company."

      Why do we listen to anything on the internet. I remember back in school we weren't allowed to use the internet for references. All our references had to come from printed literature. If it's on the web, who knows where it came from? There aren't fact checkers such as those at major publishers, there aren't societies like those that review books and magazines before they're placed into school libraries, and there aren't editors names attached to these articles so that someone is responsible for their content.

      I re-iterate, if you were denied a job, or worse, lost a job due to something posted online, contact a lawyer about suing the company as well. There is no way an unsubstantiated claim that may or may not even be about you would stand up in court as anything other than wrongful termination or discrimination.

      --
      Eggs
      Milk
      Bread
      Cat Litter
      Soda
      ...
    45. Re:The posters deserve to be unmasked by A+nonymous+Coward · · Score: 1

      "Fuck you" is not nearly as threatening as naming a person, especially a female, and then discussing how they should be sodomized.

      Really? When someone gets right in your face, nose to nose, and shouts "Fuck you" and sprays spittle on you, that is less threatening? That person is right there, angry, and has a lot more potential to do harm than some anonymous web poster who may be halfway around the world.

    46. Re:The posters deserve to be unmasked by geekoid · · Score: 1

      It's not a threatening statement. People will have a knee jerk reaction, maybe. But that doesn't make it threatening.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    47. Re:The posters deserve to be unmasked by Sciros · · Score: 1

      Well, I was posting kind of tongue-in-cheek there, but I agree that the whole notion of "anonymous posts not being worth reading" is retarded.

      --
      I like basketball!!1!
    48. Re:The posters deserve to be unmasked by mrogers · · Score: 1

      You must've heard the joke about the engineer, the physicist and the mathematician on a train from London to Edinburgh. Just after crossing the border the train passes a black sheep. The engineer says, "Look at that! Sheep in Scotland are black!" The physicist says, "Not so fast - some of the sheep in Scotland are black." The mathematician looks at the table and says quietly, "In Scotland there exists at least one sheep, at least one side of which is black."

    49. Re:The posters deserve to be unmasked by Ethanol-fueled · · Score: 1

      That is, if they're stupid enough to admit that they were trying to nose into your personal life...which they won't. What they will do is give you the vaguest, most general rejection and tell you to have a nice life. Which sucks because the time and money spent hiring a lawyer and/or P.I. to crack into their systems to prove that they visited said web pages would be much better spent looking for another job.

    50. Re:The posters deserve to be unmasked by jschottm · · Score: 1

      I think that's grounds for a lawsuit against the employer. They can't discriminate against you for something they found posted on the internet that may or may not have anything to do with you. How can they prove that a post on the internet is about you in the first place. ...

      I re-iterate, if you were denied a job, or worse, lost a job due to something posted online, contact a lawyer about suing the company as well. There is no way an unsubstantiated claim that may or may not even be about you would stand up in court as anything other than wrongful termination or discrimination.

      What on earth makes you think that? Other than a few specific protected areas (race, sex, pregnancy, religion, nationality, disability, age, and armed services related ares) that the Federal government carries, plus whatever else is added by state and local governments. You might find searching for "at-will employment" to be enlightening. In general, you can not be hired because your wore a green shirt, you ordered a hamburger at the interview lunch, the interviewer didn't like your personality, or because of your public reputation. Until it crosses over into one of the protected classes, it's at the employer's whim. If your job is to impress people that you're very capable and they should give your firm large amounts of money, what people looking you up on the internet find (true and false) is a very valid concern.

    51. Re:The posters deserve to be unmasked by Chuck+Chunder · · Score: 1

      but it would be UNREASONABLE to assume that I or the anonymous present ANY KIND OF danger to the girl

      If the girl's name and address has been posted why is it unreasonable to assume there might be some real danger? Just because it was all written on the internet?

      --
      Boffoonery - downloadable Comedy Benefit for Bletchley Park
    52. Re:The posters deserve to be unmasked by bugnuts · · Score: 1

      In my state, that is grounds for a paddlin'. It would be considered "fighting words", and you'd pretty much be immune from prosecution if you initiated a fight.

      IMHO, as far as web postings, credible threats should be investigated. But (the potential of) being far away doesn't make the threat non-credible. I also think that encouraging illegal acts, like saying "someone please find and rape her" should carry severe consequences, and it probably can.

      Free speech merely means you can say it. It doesn't mean that you are immune to taking responsibility for what you said.

    53. Re:The posters deserve to be unmasked by garylian · · Score: 1

      Yes, they do deserve to be unmasked.

      Keyboard courage has gotten out of hand. Every single person on the internet thinks they now have the ability to act like the old highschool bully and steal kid's lunch money. At least that bully had the guts to do it face to face.

      It isn't new to blogs, or myspace/facebook type things, or forums. It has its history deep in the roots of usenet, fidonet, and other places. MMO players even came up with their own term for it, "griefers". It's why they do it. They know they can cause others to suffer emotional distress or lose time, and not have to pay the piper.

      The only time I want to be anonymous is when I'm posting something I may have signed a NDA for. Anonymous flames don't cut it for me.

      What I really wonder, though, is how much these women "fed the trolls" with responses. It's one thing to get the initial unsolicited hate crap. It's another thing to have it keep coming. And it's even worse when the target starts to respond in such a way that they just enlage the target on their back. The addage has always been "don't feed the trolls. It just makes them come back."

      I'd love to see these clowns that started the nastiness get what is coming to them. Having their "promising legal career" derailed from everything but representing the most radical ultra-conservatives would be poetic justice. Since they damaged the two women's careers, they've earned their own reputations being trashed.

    54. Re:The posters deserve to be unmasked by alexborges · · Score: 1

      A threat to RAPE someone, id agree. A threat to sodomize someone, does NOT imply it wouldnt be consesual.

      It might be irony in poor taste, it might be a whole number of things.

      And then, even if it was a threat to rape, it would need to qualify as a THREAT.

      If you want to call a prticular statement a THREAT, you need to prove that someone put you or purports to put you in danger.

      An internet post saying "i wanna sodomize you" might be ugly, but it poses NO DANGER AT ALL.

      Its idiotic, and you know it.

      --
      NO SIG
    55. Re:The posters deserve to be unmasked by alexborges · · Score: 1

      They DIDNT threaten the girls in any way i can find in the article.

      Thats what has me angry at this: i mean, if someone says somthing ugly about you @slashdot, you may write to taco asking for their identity and then taco may point you to his usage rules that say that no-can-do-really-sorry. Another site may even remove the offensive comments and then other sites will tell you to shove it.

      And thats AS FAR AS IT SHOULD GO if you didnt break any law.

      And i mean, saying "id like to sodomize you. repeatedly" is really very offensive and more so in the context of the forums (a student forum interested in college admissions), but in NO WAY can it be a credible threat. Did they break the law? Im not sure, but it sure would be funny if there is a law against swearing at someone and now the idea is to follow through with it online... i mean heck, if the law exists, why isnt it enforced IN REALITY?

      This is ridiculous.

      --
      NO SIG
    56. Re:The posters deserve to be unmasked by alexborges · · Score: 1

      And thats whats wrong about fascism: that you can be considered threatening for thinking this or that.

      Its really, really idiotic.

      --
      NO SIG
    57. Re:The posters deserve to be unmasked by hellwig · · Score: 1

      You're right, in that discrimination probably wasn't the word I was looking for. But think about what someone might post online that would cause an employer not to hire you, and then think about how many of those things are classified as diseases these days (addiction of any kind for example), or otherwise fall under protected areas (say someone posts of your sexual exploits, protected in that your sexuality cannot be used, or is only the military on a don't ask don't tell policy?). If anonymously posted content exposes any protected area, and such an excuse is used to not hire you, that's definately grounds for a civil suit in that they discriminated against your disability. Yeah, not every company falls under the same restrictions, but how many Ma and Pa stores use background research these days compared to large corporations that must comply with federal regulations.

      Your argument for at-will employment would go for anybody. It's extermely hard to prove discrimination in any case, but if there's an inflammatory post online about you, it's a lot easier to prove that the employer viewed that post (check the weblogs), than is is to prove that the employer doesn't like the fact you're in a wheelchair (unless they're stupid enough to write it down).

      --
      Eggs
      Milk
      Bread
      Cat Litter
      Soda
      ...
    58. Re:The posters deserve to be unmasked by catmistake · · Score: 1

      You're just wrong. Threats are not speech. Yelling 'FIRE' in a crowded theater is not protected either, and punishable as well. Not everything that can be said is protected by the 1st Amendment, nor should everything be. If I put your full name, phone number, address, employer, etc., in this post, that also would not be protected. Neither would falsely accusing you of pediphelia.

    59. Re:The posters deserve to be unmasked by catmistake · · Score: 1

      I obviosly replied to the wrong post... I just love the new commenting system!

    60. Re:The posters deserve to be unmasked by SteeldrivingJon · · Score: 2, Informative

      "Saying you want to sodomize someone (not even rape, just fuck'em in the ass), in an anonymous internet forum is NOT A CREDIBLE THREAT."

      Might be, depending on the tone used, and if the context of the post and forum are such that the writer is in proximity to the proposed target.

      For instance, if you're talking about a law school class that's currently ongoing, and talking about another student in that class with you.

      --
      September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
    61. Re:The posters deserve to be unmasked by russotto · · Score: 1

      Dosen't matter if the incendiary posts were written by people called "HitlerHitlerHitler" and "GoatseFan1" -- the hiring manager may think, "Hmm, he/she sure does have a lot of enemies" or "I'd rather not have all that controversy attached to somebody who works for me." Same applies to potential romantic interests.

      Too bad. Simply being someone's vocal enemy and by doing so attaching controversy to them is not actionable, and cannot be in any way consistently with free speech.

    62. Re:The posters deserve to be unmasked by HeadlessNotAHorseman · · Score: 1

      I remember back in school we weren't allowed to use the internet for references. All our references had to come from printed literature

      A more useful approach would have been for your teachers to allow internet references, but to also teach you how to evaluate whether an internet reference is trustworthy or not (for example Wikipedia vs an online scientific journal). A minimum number of book references should also be required (it is still important to learn how to read a book!). I suppose it depends on when you went to school - in the early days of the web they probably would not have predicted how ubiquitous the WWW would become, and even after that it would take a few years for the curriculum to catch up.

      --
      I like my coffee the way I like my women - roasted and ground up into little tiny pieces.
    63. Re:The posters deserve to be unmasked by PunkOfLinux · · Score: 1

      No, because making up shit to make someone look bad is called slander/libel, which is perfectly fine to sue over. You wouldn't let someone say "this person is a fuckwit" in the new york times, why would you let them do it online?

    64. Re:The posters deserve to be unmasked by eldepeche · · Score: 1

      Thank you. Someone is actually familiar with the facts of the case before spouting off about it.

    65. Re:The posters deserve to be unmasked by eldepeche · · Score: 1

      You don't know what you're talking about, and I mean that in a non-judgmental way. These men posted photos of the Does, they posted the Does' class schedules, what time they went to the gym, and more. This is not a case of some people saying nasty things on the internet; it is a case of harassment and stalking, and whether the anonymity of a stalker and harasser should be protected.

    66. Re:The posters deserve to be unmasked by eldepeche · · Score: 2, Insightful

      Your claim that the web poster may be halfway around the world is less than credible, considering these men posted photos of these women at the gym.

    67. Re:The posters deserve to be unmasked by eldepeche · · Score: 1

      The article isn't very good. Here is a post containing links to previous posts and news articles.

    68. Re:The posters deserve to be unmasked by shutdown+-p+now · · Score: 1

      In my uni, we had a non-transparent HTTP proxy for all web access that required authentication. What's worse was that it was HTTP Basic, over an unencrypted channel. What's even worse is that they used hubs instead of switches in student dorms, so 5 minutes of running a packet sniffer would get you a few dozen passwords. And, of course, the student was responsible for any material downloaded using his credentials, and keeping them secure was his obligation.

    69. Re:The posters deserve to be unmasked by greenrd · · Score: 3, Insightful

      What's really, really annoying is that these right-wingers who think it's OK to threaten to rape women because it's "not actually a threat", are probably the VERY SAME people who think that the police should be allowed to arrest someone at an airport for having a suspicious-looking beard and praying in Arabic.

    70. Re:The posters deserve to be unmasked by Bloodhound+Alpha · · Score: 2, Informative

      Or who might be your next door neighboor. The threat of the unknown, especially when they claim to know you, is huge.

    71. Re:The posters deserve to be unmasked by dreamchaser · · Score: 1

      Sure it is a free speech issue. You're free to say anything, and you're also free to suffer the consequences of your speech.

    72. Re:The posters deserve to be unmasked by alexborges · · Score: 1

      I made i mistake. From the wired article, it cannot be derived that they threatened to rape.

      From the court documents (which I found after some more digging), they certatinly did.

      So i repent: They do deserve to be punished.

      --
      NO SIG
    73. Re:The posters deserve to be unmasked by Seraphim_72 · · Score: 1

      What delicious irony, the AC posted a controversial statement and got modded as a troll for it.

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    74. Re:The posters deserve to be unmasked by BooRolla · · Score: 1

      Make as many laws as you want. He's still going to offend people :)

  4. Technicality? by Lord+Ender · · Score: 4, Insightful

    Hateful speech is not illegal. False claims that substantially harm a person ARE illegal under slander/libel law. This law applies whether the comments are online or on the playground.

    --
    A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    1. Re:Technicality? by spidercoz · · Score: 3, Interesting

      How were they "substantially harmed"?

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - Evelyn Beatrice Hall, re Voltaire
    2. Re:Technicality? by abscissa · · Score: 4, Informative

      Of course, world-wide, we have different laws.

      Hateful speech is not illegal.

      See R. v. Keegstra. In Canada at least, you do not have an unlimited right to free speech, even if you are not targeting a specific person.

      tl,dr: Making hateful statements against a particular identifiable group is illegal in Canada.

    3. Re:Technicality? by Lord+Ender · · Score: 4, Insightful

      That's for the court to decide.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    4. Re:Technicality? by IgnoramusMaximus · · Score: 2, Interesting

      tl,dr: Making hateful statements against a particular identifiable group is illegal in Canada.

      Unless of course the "identifiable group" happens to be Muslims and the person making the "hateful statements" in a national publication happens to be a Likudnik Zionist.

    5. Re:Technicality? by mapsjanhere · · Score: 3, Insightful

      Google their names, and guess what you find - their description in endearing terms on those boards. I'm sure that this will greatly harm their career in a business where quiet professionalism is the order of the day (unless your defending OJ Simson).
      And people do Google their applicant's names; I do it all the time, even if I'm just trying to find published papers. But I'd sure notice if the first page results are littered with odd stuff like it must be in this case.

      --
      I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
    6. Re:Technicality? by DamnStupidElf · · Score: 4, Insightful

      Making hateful statements against a particular identifiable group is illegal in Canada.

      Does it depend on the group? Can I hate lawyers, politicians, and statisticians?

      What about pirates, Real Pirates (the board-a-ship-and-kill-people kind), rapists, serial killers, or nazis?

      All of those are pretty identifiable groups. Which ones can I explicitly say that I hate? I want to be sure I can get through customs next time...

    7. Re:Technicality? by swb · · Score: 1

      And the chocolate ration has been increased in Canada to 25 grams.

    8. Re:Technicality? by p0tat03 · · Score: 4, Insightful

      From TFA:

      "I think I will sodomize her. Repeatedly"

      This particular quote does not fall under hate speech (the legality of which varies), but this is a clear threat to physically harm a person. In this case IMHO law enforcement have every right to ascertain the identity of the person so as to better protect his/her potential victims.

      If you're not an assclown, your identity on a forum is safe. Nobody is going to pursue your identity in court for calling them "shitface".

    9. Re:Technicality? by tinkerghost · · Score: 4, Insightful

      If you were one of 3 blond women in the 8:30 Legal Research class & had someone on the college message board repeatedly saying "I'm going to ass rape the blond bitch in my 8:30 Legal Research class", you would probably take it a bit more seriously than a whiny anime complaint. This wasn't "hey she's got nice tits", these were comments which started out as libel, labeling them 'whores who fucked their way into college', & progressed into threats when they took a stand against the libel.

      Libel isn't a protected form of speech under the constitution, neither are threats of physical or mental harm. Being anonymous is fine, using that anonymity to break the law and then whine when people try and find you is stupid.

      The guys who posted this crap were over the line, the admin should have handled it - he was a 3rd year law student and should have been able to see that it wasn't protected speech. His waving the 1st amendment flag here is an insult to it's purpose.

      I certainly won't lose any sleep over a bunch of frat boy jocks getting bitch slapped over their behavior.

    10. Re:Technicality? by ucblockhead · · Score: 1

      Threats are illegal, though.

      --
      The cake is a pie
    11. Re:Technicality? by geekoid · · Score: 1

      "using that anonymity to break the law and then whine when people try and find you is stupid. "

      there are many instances where that is fine.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    12. Re:Technicality? by geekoid · · Score: 1

      No, it's not a clear threat.
      It's a statement. At no point does he say he would do it against her will.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    13. Re:Technicality? by Lord+Ender · · Score: 1

      I hate you and everyone like you. You're all a bunch of champagne-sipping bums. Now sue me and prove me wrong.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    14. Re:Technicality? by mdielmann · · Score: 1

      Making hateful statements against a particular identifiable group is illegal in Canada.

      Does it depend on the group? Can I hate lawyers, politicians, and statisticians?

      Sure. No one identifies with them...

      --
      Sure I'm paranoid, but am I paranoid enough?
  5. Someone fill me in here. by bigstrat2003 · · Score: 2, Insightful

    TFA makes it sound like these women are all upset because some asshat on the internet made a comment about how some women should be raped. Now, granted, that's an asshole thing to say, but if that's all that is going on here, they have no reasonable grounds to be suing. It's someone's right to be an asshole, for better or for worse.

    --
    "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    1. Re:Someone fill me in here. by gurps_npc · · Score: 3, Informative
      If you carefully read the entire article you will see that there are additional libelous claims that were made.

      The reason the article does NOT discuss it further is that they are trying to avoid pulling a "Fox News" where instead of lieing about a person you say "X news agency has reported that person A is in favor of killing all doctors that have committed Abortions".

      They are studiously trying to protect the woman that have quite frankly had enough slander published about them and do not need the slanderous statements repeated.

      --
      excitingthingstodo.blogspot.com
    2. Re:Someone fill me in here. by oldspewey · · Score: 2, Informative

      As per slashdot standard methodology I didn't read TFA, but I think the difference hinges on whether these were just generic comments from some misogynist, or whether he went further and threatened to rape these women. If it's case of somebody being directly threatened with violence, then there is no reasonable expectation that your anonymity would be protected.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    3. Re:Someone fill me in here. by AKAImBatman · · Score: 4, Informative

      Keep reading. It gets worse:

      The AutoAdmit controversy began even before one of the women, identified in court documents as "Jane Doe I," started classes in the fall of 2005, the lawsuit alleges. Doe I was alerted in the summer to an AutoAdmit comment thread entitled "Stupid Bitch to Attend Law School." The thread included messages such as, "I think I will sodomize her. Repeatedly" and a reply claiming "she has herpes." The second woman, Jane Doe II, was similarly attacked beginning in January 2007.

      I'd say they have a reasonable case here.

    4. Re:Someone fill me in here. by unlametheweak · · Score: 3, Insightful

      ... they have no reasonable grounds to be suing.

      If they have no reasonable grounds for suing, then their lawsuit will be rejected by the courts. If they do have a reasonable grounds for suing then the courts will hear their case. Most Slashdotters forget to put IANAL disclaimers in their comments when making legal claims.

    5. Re:Someone fill me in here. by bigstrat2003 · · Score: 1

      I don't mean "reasonable" in the legal sense, I mean in the normal sense of the word. Just based on what I read in TFA, their suit sounds completely unreasonable. That doesn't mean it won't be upheld in court, though.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    6. Re:Someone fill me in here. by Thelasko · · Score: 1

      If "Jane Doe I" is named specifically in the original post, why is her name withheld now? The article doesn't make that clear. Without that information it sounds like she is suing over a blanket statement that could be about anyone.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    7. Re:Someone fill me in here. by Red+Flayer · · Score: 3, Insightful

      Most Slashdotters forget to put IANAL disclaimers in their comments when making legal claims

      You should know by now that IANAL is implied for any post of legal opinion on slashdot. With rare exceptions (Ray Beckerman comes to mind), I'd assume the "IANAL" even if the poster writes "IAAL".

      Hell, it's not just legal opinion. I take anything written on slashdot with a grain of salt. If it's a topic I know a good bit about, I can normally figure out if a poster is talking out their ass, or if they might have something to add to my understanding.

      If it's a topic I know little about, I don't even bother trying to determine if someone knows what's going on. I figure I'm better off at wikipedia for decent base-level information.

      IANAL. Of course.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    8. Re:Someone fill me in here. by Dekortage · · Score: 1

      TFA says this: "The Jane Doe plaintiffs contend that the postings about them became [a] etched into the first page of search engine results on their names, [b] costing them prestigious jobs, [c] infecting their relationships with friends and family, and even [d] forcing one to stop going to the gym for fear of stalkers." Bracketed lettering added by me.

      So [a] could actually be an issue if you are trying to learn about a woman who has applied to a job (as in [b]), or who has applied to join your nonprofit/neighborhood organization, or you're interested in dating, etc. Item [c] is vague, but when you read something like bizarrely sexual attacks on someone, you start to wonder strange things about them. Item [d] could be valid if you suspected that the online asshats were actually your classmates. Think about it: if you found someone's personal journal, and they had written all this rape stuff in it, AND they were classmates with people matching those names, you would probably report them. But this happened in a public forum.

      --
      $nice = $webHosting + $domainNames + $sslCerts
    9. Re:Someone fill me in here. by Otter · · Score: 2, Insightful

      TFA makes it sound like these women are all upset because some asshat on the internet made a comment about how some women should be raped.

      The comment wasn't that "some women should be raped", it was what a reasonable person would construe as saying that the plaintiffs should be raped.

    10. Re:Someone fill me in here. by unlametheweak · · Score: 2, Interesting

      I don't mean "reasonable" in the legal sense, I mean in the normal sense of the word. Just based on what I read in TFA, their suit sounds completely unreasonable. That doesn't mean it won't be upheld in court, though.

      Granted, but nobody really knows the details of the case just from reading the article, and so I couldn't judge either way. It will (and should) ultimately be left up to the courts. One does have to presume that the courts are "blind" (as in blind justice) and fair, but that is a different issue. Having somebody of the likes of "HitlerHitlerHitler" making statements about rape certainly is dubious and warrants investigation. Their may be stalking and libel issues involved, but that would be for the courts (and possibly even the police) to decide.

      Yeah I'm big time into free speech, and I cannot accept farce and sarcasm as a legitimate form of uncensored communication. Harassment and libel however are different issues.

      Best regards,

      UTW

      Best regards,

      UTW

    11. Re:Someone fill me in here. by AndersOSU · · Score: 4, Insightful

      seriously?

      Maybe because she doesn't want her name further associated with scurrilous rumors...

    12. Re:Someone fill me in here. by Fumus · · Score: 1

      What I'd love to see is when lawsuits like these start getting more and more common, and finally someone will try to sue a stupid 13-year-old forum troll. What would they do then? Writing "I'll rape your ass." and actually meaning to do so, can be quite apart.

    13. Re:Someone fill me in here. by Thelasko · · Score: 1

      They are studiously trying to protect the woman that have quite frankly had enough slander published about them and do not need the slanderous statements repeated.

      Where did you get that information? It's not in TFA. If they are doing so, they should explain it.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    14. Re:Someone fill me in here. by unlametheweak · · Score: 1

      OOOPS:

      and I cannot accept farce and sarcasm as a legitimate form of uncensored communication.

      should read:

      and I can accept farce and sarcasm as a legitimate form of uncensored communication.

    15. Re:Someone fill me in here. by Thelasko · · Score: 1

      A) The article needs to state that (see the second statement of my post) because it makes them more credible.

      B) Having her name on the court documents is the only way to truly clear it.

      C) Confucius once said, "pics or it didn't happen"

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    16. Re:Someone fill me in here. by mapsjanhere · · Score: 1

      She's probably suing as Doe because if she sues under her real name, all this will not only become trash in the Google search but show up in any professional search of public records like LexisNexis.

      --
      I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
    17. Re:Someone fill me in here. by Thelasko · · Score: 1

      all this will not only become trash in the Google search but show up in any professional search of public records like LexisNexis.

      How does showing up on a LexisNexis search because you sued someone for libel hurt your reputation? I could see if it was for some sort of criminal matter, like a drug arrest.

      I suppose some people don't read the contents of their search results, but I don't think that reason is valid. By filing as "Jane Doe" she ensures that any search of her name will still have negative results. I know TFA says the original post was taken down, but I know it exist somewhere, that's how the internet works. If I'm searching someone's name and the first post says they are suing someone for libel, I will stop reading because I know I can't trust any other information.

      The plaintiff also can't argue that her life is in danger by publishing her name. The people who wrote the allegedly libel statements know who she is.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    18. Re:Someone fill me in here. by gurps_npc · · Score: 2, Informative
      Read the article carefully. Note this line:

      The thread included messages such as, "I think I will sodomize her. Repeatedly" and a reply claiming "she has herpes." The second woman, Jane Doe II, was similarly attacked beginning in January 2007.

      Claiming someone has herpes is libel. The "similarly" attacked stuff was a lot worse.

      I also am aware of the situation from previous articles about the problem.

      --
      excitingthingstodo.blogspot.com
    19. Re:Someone fill me in here. by VocationalZero · · Score: 1

      If they have no reasonable grounds for suing, then their lawsuit will be rejected by the courts. If they do have a reasonable grounds for suing then the courts will hear their case.

      Yeah, because the courts are completely infallible. Silly, frivolous lawsuits are never heard, much less win.

      http://www.legalzoom.com/legal-articles/article11331.html

    20. Re:Someone fill me in here. by FLEB · · Score: 1

      I'd assume the "IANAL" even if the poster writes "IAAL".

      Right, because it's a four-letter acronym and not a dragging disclaimer about how they are a lawyer, but they're not your lawyer, to check with your lawyer before you believe anything they say...

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    21. Re:Someone fill me in here. by Hektor_Troy · · Score: 1

      IANAL. Of course.

      I never use that abreviation myself. Me, I'm more of a "I3Anal" kind of guy (mostly as a giver, but I don't mind a finger).

      --
      We do not live in the 21st century. We live in the 20 second century.
    22. Re:Someone fill me in here. by Thelasko · · Score: 1

      Overrated? That post is more informative than TFA!

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    23. Re:Someone fill me in here. by KGIII · · Score: 1

      Just head to the site and type in "Jane" or "Hillary" into the search box and you'll find 'em pretty easily. I actually spent way too much time reading the stuff over there but, well, I was really bored and some of it was kind of funny.

      --
      "So long and thanks for all the fish."
    24. Re:Someone fill me in here. by GoodNicksAreTaken · · Score: 1

      Here comes Fox News to sue you for slandering Fox News.
      The law only works when there is plenty of room for common sense. Unfortunately since there either isn't room or someone drives a truck full of stupid through that open door, the law in this country [the USofA-holes] often doesn't work.

    25. Re:Someone fill me in here. by Theaetetus · · Score: 2, Informative

      TFA makes it sound like these women are all upset because some asshat on the internet made a comment about how some women should be raped.

      That'd be the short version... The long version is that these women had their pictures posted on the forum, without their knowledge, where the anonymous posters proceeded to rate their looks and say how much they'd like to fark them. But that's not the issue...

      The girls found out about it and asked the forum operator to remove the threads. He not only refused, he posted the exchange on the forum. But that's not the issue either...

      In response to this, the posters stepped it up, with some at the girls' law schools posting their class schedules, addresses, and even following them to the gym, posting photos and their usual schedules, and exhorting others to follow them and rape them. That's the issue.

    26. Re:Someone fill me in here. by Zordak · · Score: 2, Informative

      Well, since the article points out that the women were, in fact, specifically named, and there were calls to rape and sodomize them, and at least one was specifically accused of having herpes, and the posts got so much attention that they were at the top of Google results for the women's names, I'd say this pretty much qualifies as direct. There's no slippery slope to worry about here. These guys should be prosecuted and should never be permitted to practice law.

      --

      Today's Sesame Street was brought to you by the number e.
    27. Re:Someone fill me in here. by AndersOSU · · Score: 1

      You heard about this right?

      This instance is doubly poignant because the plaintiffs are would-be lawyers. You never know when someone is going to search:

      [First name of a candidate]! and pre/2 [last name of a candidate] w/7 bush or gore or republican! or democrat! or charg! or accus! or criticiz! or blam! or defend! or iran contra or clinton or spotted owl or florida recount or sex! or controvers! or racis! or fraud! or investigat! or bankrupt! or layoff! or downsiz! or PNTR or NAFTA or outsourc! or indict! or enron or kerry or iraq or wmd! or arrest! or intox! or fired or sex! or racis! or intox! or slur! or arrest! or fired or controvers! or abortion! or gay! or homosexual! or gun! or firearm!

      or herpes or sodom!

    28. Re:Someone fill me in here. by gurps_npc · · Score: 1
      You really did NOT read the article.

      Please note the article says:

      "The Jane Doe plaintiffs contend that the postings about them became etched into the first page of search engine results on their names"

      While the article does not come right out and state that it contains their names, anyone with a 3rd grade reading ability can infer that yes, the website did infact display their names.

      I would agree with you that the article is not written well. But it does in fact have all the neccessary information to confirm that a libel statement was made.

      --
      excitingthingstodo.blogspot.com
  6. I don't know... by SatanicPuppy · · Score: 4, Insightful

    This is a pretty straightforward bit of libel...Even on the internets you have to be careful if you're explicitly slandering someone by name.

    Illegal is illegal, and if these monkeys were dumb enough to put up all this crap under handles that they accessed from their homes, then they're screwed, and it's hard to see how they ought not be.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    1. Re:I don't know... by IgnoramusMaximus · · Score: 1, Interesting

      This is a pretty straightforward bit of libel...Even on the internets you have to be careful if you're explicitly slandering someone by name.

      From the article and the court documents it appears that the plaintiffs are both "Jane Doe"s. That means that their identity was not explicitly known to everyone (else the Jane Doe ploy makes no sense) and that it is the supposed attacker's identity which is being exposed instead. Which makes the whole thing a legal equivalent of a tantrum (made possible by the fact that they were both law students). Libel is only applicable to a situation where some real person's reputation is being slandered by people who bid their credibility against the said person's. Which precludes anonymous attacks for they are not credible to begin with. If it were otherwise, the entire Internet would pretty much have to be shut down as nearly every forum on any topics on the planet contains phrases in the vain of "politician x is an idiot" by a poster named "Anonymous1213".

    2. Re:I don't know... by Thelasko · · Score: 1

      From the article and the court documents it appears that the plaintiffs are both "Jane Doe"s. That means that their identity was not explicitly known to everyone (else the Jane Doe ploy makes no sense) and that it is the supposed attacker's identity which is being exposed instead.

      Mod parent up!
      Either the article is unclear about why the plaintiffs are "Jane Doe"s, or this is not libel because it doesn't target a specific person(s).

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    3. Re:I don't know... by Dekortage · · Score: 4, Informative

      From the article and the court documents it appears that the plaintiffs are both "Jane Doe"s. That means that their identity was not explicitly known to everyone (else the Jane Doe ploy makes no sense) and that it is the supposed attacker's identity which is being exposed instead.

      The article notes that "the Jane Doe plaintiffs contend that the postings about them became etched into the first page of search engine results on their names," which strongly suggests that the posts included their real names, not just their online handles. If so, then the Jane Doe thing is to further distance their names from the media and search engines.

      --
      $nice = $webHosting + $domainNames + $sslCerts
    4. Re:I don't know... by IgnoramusMaximus · · Score: 1

      The article notes that "the Jane Doe plaintiffs contend that the postings about them became etched into the first page of search engine results on their names," which strongly suggests that the posts included their real names, not just their online handles. If so, then the Jane Doe thing is to further distance their names from the media and search engines.

      Unless by "names" they meant "CuteLawBunny12" and "FlamingBlonde" or some other handle they had on that forum.

      Look, if you are going to defend your reputation then the basic prerequisite is that you stand proudly by it. In every libel suit I ever heard of, it was some politician, industrialist, author etc who stood firm bristling with indignity at someone daring to challenge him/her in the court of public opinion. A "libel" suit in which "slander" occurred to people who do not wish to be known makes absolutely no sense.

      Anonymity precludes a reputation, and as such it also precludes libel.

    5. Re:I don't know... by Dekortage · · Score: 5, Informative

      I realize I am breaking some kind of Slashdot rule here, but I've googled this further.

      On March 9, the Dean of Yale's law school wrote this: "The Washington Post ran a story about several of our students who have been personally targeted on an internet message board. While this message board purports to be about law school and law school admissions, it contains numerous sexist, racist, homophobic and other derogatory comments by anonymous posters. Some of these comments include the names and personal information of our students and other individuals, along with many false and hurtful assertions."

      Furthermore, their names are stated clearly in this PDF of Ciolli's lawsuit against the two women.

      --
      $nice = $webHosting + $domainNames + $sslCerts
    6. Re:I don't know... by SengirV · · Score: 1

      OK, what if you are explicitly slandering someone by their screen name instead? While it is an attack against an individual, it's basically an attack against someone's screen name. I suppose if their screen name is Joe_Blow_from_buttscratch_CA then it might be specific enough.

      THAT is where the vast majority of all of our potential indiscretions lay.

      --

      Prof. Farnsworth - "Oh a lesson in not changing history from Mr I'm-My-Own-Grandpa!"

    7. Re:I don't know... by Ignis+Flatus · · Score: 1

      but truth is an absolute defense against libel. let the jury observe the evidence and decide if in fact they do have herpes and should be raped.

    8. Re:I don't know... by IgnoramusMaximus · · Score: 1

      Which still makes no sense as far as the "Jane Doe"s and the "libel" suit is concerned. If the names are out, and you are concerned about your reputation, why hide? You have nothing to lose (your name is already out) and everything to gain .. if you are right. That is by standing boldly and proving the other guys being wrong you not only win the case, but also enhance your standing both in public opinion and (more importantly) in the legal profession you are supposedly trying to make a career in.

      The only possible reason to hide is if you are uncertain about the merits of your suit and thus remove any pretense of "libel" having occurred.

      Which boils down to what I said before: a "libel" suit filed anonymously makes absolutely no sense. It is a contradiction in terms.

      Ciolli's lawsuit is a different matter entirely: he is retaliating against the two who attacked him. His libel suit makes all the sense in the world. He did not attempt to file it anonymously.

    9. Re:I don't know... by computational+super · · Score: 1
      This is a pretty straightforward bit of libel...

      ...and a perfect example of how ridiculous libel law actually is. That's the point we're trying to make here.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    10. Re:I don't know... by IgnoramusMaximus · · Score: 2, Informative

      103. Ms. Heller alleged in the complaint filed in the Connecticut litigation that she had not received a summer associate position as a result of the Connecticut defendants' alleged conduct. 104. According to information compiled and released by the Yale Law School Career Development Office, however, Ms. Heller not only had obtained summer employment prior to initiating litigation, but was employed as a summer associate in the Palo Alto office of Morrison & Foerster, one of the nation's most prestigious law firms, where she earned a salary of $3,080 per week. Guess that says something about whether the stuff harmed their reputations, huh?

      Not only that, but the guy Cialli's (whom she sued) job offer was rescinded (leaving him jobless) due to their suit!

    11. Re:I don't know... by tinkerghost · · Score: 1

      Which boils down to what I said before: a "libel" suit filed anonymously makes absolutely no sense. It is a contradiction in terms.

      That depends on what is sealed in the court records & what isn't. The whole point of filing Jane Doe is to distance their names from the libel in the posts, not to be anonymous. Tacking their names to the top of hundreds of more documents that reference the posts is only going to bring those posts back to the top of the search list for their names. If you can't understand that, then your being deliberately obtuse, have no understanding of how employers hire people, or are a troll.

      Ciolli's lawsuit is a different matter entirely: he is retaliating against the two who attacked him. His libel suit makes all the sense in the world. He did not attempt to file it anonymously.

      Ciolli's an asshat who grabbed the first amendment flag and waved it over a stinking pile of shit screaming he has no duty to be a decent human being. That's fine and he probably didn't have a legal responsibility to pull down the posts when asked, doesn't make him less of an asshat.

      As for not filing it anonymously, he's not trying to disassociate his name from libelous comments about his sexual exploits which are the top selections for every search of his name.

    12. Re:I don't know... by IgnoramusMaximus · · Score: 1

      That depends on what is sealed in the court records & what isn't.

      The entire event was supposed to have occurred on public forums. There are no "sealed" records possible here whatsoever.

      The whole point of filing Jane Doe is to distance their names from the libel in the posts, not to be anonymous.

      The whole point of defending against libel is to prove the libelous assertions false and exact recompense. Not to somehow retroactively erase them from existence. You seem to have a difficulty grasping this.

      Tacking their names to the top of hundreds of more documents that reference the posts is only going to bring those posts back to the top of the search list for their names.

      Along with the victorious results of their lawsuit, the public recriminations of the accusers, the amounts of monetary damages they had to pay etc. That is the nature of libel suits, you cannot have your character defended without demolishing the accusations, and you cannot demolish the accusations if they remain censored. All that accomplishes is to give credence to the accusations and bring forth new accusations of abuse of the process of law.

      If you can't understand that, then your being deliberately obtuse, have no understanding of how employers hire people, or are a troll.

      You are being deliberately obtuse, have no understanding how employees hire people (one of the supposed "victims" was hired for $3080 a week at the peak of the supposed "scandal") and you are probably a troll.

      Ciolli's an asshat who grabbed the first amendment flag and waved it over a stinking pile of shit screaming he has no duty to be a decent human being. That's fine and he probably didn't have a legal responsibility to pull down the posts when asked, doesn't make him less of an asshat

      Except of course that he was not the administrator of the board in question, nor he posted any posts on the matter at all and was simply sued in error as the two hysterical harpies fired their lawsuits blindly at random targets: they assumed he was one of the posters with the handle of "pauliewalnuts" with no evidence to that effect. Once that became apparent, they dropped their suit. If anyone has grounds for a libel suit, it is him.

      As for not filing it anonymously, he's not trying to disassociate his name from libelous comments about his sexual exploits which are the top selections for every search of his name.

      Riiiiight. From the Colli's suit papers: "109: Mass media outlets, including Countdown with Keith Obermann and National Public Radio reported that Mr. Ciolli was guilty of defamation, copyright infringement and other torts ...."

    13. Re:I don't know... by Theaetetus · · Score: 1

      From the article and the court documents it appears that the plaintiffs are both "Jane Doe"s. That means that their identity was not explicitly known to everyone (else the Jane Doe ploy makes no sense) and that it is the supposed attacker's identity which is being exposed instead.

      Sorry, this is completely wrong. The two girls were named on the forum, and their pictures and class schedules were posted. Some of the posters even followed them to the gym, posted photos and their usual schedules, along with calls to rape them.
      The Jane Doe ploy now is an attempt to regain some of their privacy. But those of us who have been either following the case or done a little more research than you know exactly who they are.

      Which makes the whole thing a legal equivalent of a tantrum (made possible by the fact that they were both law students).

      I take it you aren't a law student.

    14. Re:I don't know... by Theaetetus · · Score: 1

      Unless by "names" they meant "CuteLawBunny12" and "FlamingBlonde" or some other handle they had on that forum.

      Look, if you are going to defend your reputation then the basic prerequisite is that you stand proudly by it. In every libel suit I ever heard of, it was some politician, industrialist, author etc who stood firm bristling with indignity at someone daring to challenge him/her in the court of public opinion. A "libel" suit in which "slander" occurred to people who do not wish to be known makes absolutely no sense.

      Anonymity precludes a reputation, and as such it also precludes libel.

      Wow... I already replied before pointing out how wrong you were, so I'll give you a chance to respond to that one, but you're seriously sticking your neck out here with a grossly uninformed opinion and making yourself look like an idiot.

    15. Re:I don't know... by IgnoramusMaximus · · Score: 1

      Wow... I already replied before pointing out how wrong you were, so I'll give you a chance to respond to that one, but you're seriously sticking your neck out here with a grossly uninformed opinion and making yourself look like an idiot.

      Anonymity (even attempted one) precludes maintaining a "reputation", ergo it precludes a defense against "libel". By definition.

      Neither are anonymous attacks on one's character credible, which precludes "libel". Also by definition.

      This fundamental logic will not change, no matter what excuses, whining or name-calling you engage in.

    16. Re:I don't know... by Qzukk · · Score: 1

      Neither are anonymous attacks on one's character credible

      No matter how much you assert it, it's not going to come true.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    17. Re:I don't know... by IgnoramusMaximus · · Score: 1

      No matter how much you assert it, it's not going to come true.

      Really? Prove it. Demonstrate how one can perform a credible anonymous attack on someone else's character without some verifiable (and thus non-anonymous or in public domain) evidence.

    18. Re:I don't know... by tinkerghost · · Score: 1

      Except of course that he was not the administrator of the board in question, nor he posted any posts on the matter at all and was simply sued in error as the two hysterical harpies fired their lawsuits blindly at random targets:

      To quote the Wall Street Journal:

      DeWitt pointed out that in an online letter to another blogger, Ciolli and his partner Jarret Cohen identified themselves as AutoAdmit's administrators and defended its "free, uninhibited exchange of ideas."

      Sounds like they had reason to believe him to be the administrator, since he claimed to be.

      Riiiiight. From the Colli's suit papers: "109: Mass media outlets, including Countdown with Keith Obermann and National Public Radio reported that Mr. Ciolli was guilty of defamation, copyright infringement and other torts ...."

      Then I suggest Mr. Colli sue them - the presence of a lawsuit accusing someone of misconduct is just that, an accusation. If those mass media outlets reported him as guilty of rather than accused of it's not the fault of the people suing him.

      As for the rest, muckracking is only useful in politics.

    19. Re:I don't know... by Dekortage · · Score: 1

      The only possible reason to hide is if you are uncertain about the outcome of your suit and thus remove any pretense of "libel" having occurred.

      There, fixed that for you.

      You may be sure of the merits of your suit, but unsure that the "facts" (note my quotes) will support the outcome you want. Therefore you may still want to reduce media exposure.

      Of course, we may both be right: their intent could be to reduce media exposure, and an anonymous libel suit makes no sense. Until the courts decide, we won't know... and even then, there may be doubts.

      --
      $nice = $webHosting + $domainNames + $sslCerts
    20. Re:I don't know... by Qzukk · · Score: 1

      Really?

      Anonymous tip lines work for the cops, and what can be more of an attack on a character than reporting that they committed a crime?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    21. Re:I don't know... by SpiderClan · · Score: 1

      Mod parent down.
      The article is unclear about why the plaintiffs are "Jane Doe's".

    22. Re:I don't know... by IgnoramusMaximus · · Score: 1

      Sounds like they had reason to believe him to be the administrator, since he claimed to be.

      Except of course WSJ talks about hearsay from DeWitt who talks about hearsay from "some blogger" etc. Furthermore the bulk of the complaints was supposedly targeted at yet another website called "T4 Talent" or some such, not AutoAdmit proper. Note that Cohen, who is the actual owner and admin of the AutoAdmit site, was not sued by the harpies. As it turned out the reason for the suit was their mistaken impression that Ciolli was a pseudonymous poster (the wilting lilies admitted so much when they dropped their suit against him).

      Then I suggest Mr. Colli sue them ...

      Err ... I quoted you from the lawsuit papers filed by him.

    23. Re:I don't know... by IgnoramusMaximus · · Score: 1

      You may be sure of the merits of your suit, but unsure that the "facts" (note my quotes) will support the outcome you want. Therefore you may still want to reduce media exposure.

      Which, again, is anathemical to any attempts at defending the supposed virtues of your character. If you yourself are unsure as to validity of all the scorn then likely there is a large grain of truth to the accusations, or your claims of supposed harm are greatly inflated. Or both.

      My assertion stands.

      Of course, we may both be right: their intent could be to reduce media exposure, and an anonymous libel suit makes no sense. Until the courts decide, we won't know... and even then, there may be doubts.

      More I read about this case more convinced I become that the women are spoiled, self-absorbed, narcissistic, domineering jackasses complete with an unhealthy dose of paranoia, their bruised fragile egos demanding that any and all of their detractors' futures must be ruined and their foes destroyed financially just to show them "who's the boss".

      It is the equivalent of some has-been starlet suing the Internets because one accidentally drug-free morning she happened to come in contact with this "computer thing" where she found out that some anonymous idiot called her "a talentless bitch" (which just so happens to be true) and made sexual suggestions about her in some obscure forum in some trash strewn dark corner of the net.

    24. Re:I don't know... by IgnoramusMaximus · · Score: 1

      Anonymous tip lines work for the cops, and what can be more of an attack on a character than reporting that they committed a crime?

      Which of course works only if the crime was actually committed. In which case this has nothing to do with defamation or libel as the accusation is true. Otherwise the cops come investigating and quickly find the allegations false ... upon which they turn to trying to find out who the "tipster" was to get him and to "explain" to him what they think of people who try to use the cops as tools.

    25. Re:I don't know... by Qzukk · · Score: 1

      Cops arrest 9 married couples for having sex thanks to an anonymous tip claiming they were prostitutes. No evidence of prostitution was found, just a bunch of people having sex in a jacuzzi.

      if the crime was actually committed.

      So cops don't go and arrest a doctor because someone puts a gun in their car and calls from a payphone to claim the doctor was waving it at them? Of course, they let him go, but almost certainly the arrest remains on his record and reputation.

      Ignoring the cases above, how many thefts and murders happen every day?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    26. Re:I don't know... by IgnoramusMaximus · · Score: 1

      Cops arrest 9 married couples for having sex thanks to an anonymous tip claiming they were prostitutes. No evidence of prostitution was found, just a bunch of people having sex in a jacuzzi.

      In that case an actual crime was committed ("lewd behavior"). Your beef here is with stupid laws written by Victorian prudes, hyperventilating Puritanists, hypocritical Christianists and other fundamentalist religious wackos. The anonymous tip (probably by a member of one of these above mentioned groups) is wholly tangential.

      So cops don't go and arrest a doctor because someone puts a gun in their car and calls from a payphone to claim the doctor was waving it at them? Of course, they let him go, but almost certainly the arrest remains on his record and reputation.

      The important point of distinction here is that the "tipster" not only lobbed the anonymous accusations but also planted physical "evidence". That was because he/she fully realized that anonymous accusations lack any credence on their own. Which is was my point.

      Ignoring the cases above, how many thefts and murders happen every day?

      Which has to do with a discussion about credence of anonymous accusations how precisely?

  7. hmm by nomadic · · Score: 4, Informative

    This will almost certainly keep them out of the state Bar for a long period of time if not indefinitely. Even legally protected speech can be grounds for denial of bar membership.

    1. Re:hmm by monxrtr · · Score: 1

      IP Addresses are not Persons. I'm sure the IP Addresses will be saddened that they cannot begin their tour of lawsuit assault on the internets. Quick, sell the internet short, it's about to lose its law license!

      What's next, suing victims that have swastikas painted on their garages with hate crimes? Look, there's a swastika painted on the garage of these people living at this street address! Proof! Guilty!

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    2. Re:hmm by bledri · · Score: 1

      What's next, suing victims that have swastikas painted on their garages with hate crimes? Look, there's a swastika painted on the garage of these people living at this street address! Proof! Guilty!

      That's quite a straw man. If someone painted a swastika on my garage, I'd call the police to report the vandalism. Anyone is free to try to sue anybody for anything, the vast majority of the lame stuff gets dismissed.

      More silly examples. Paper is not a person, therefore police dismiss threatening letters because they may have been forged. Threatening messages left on voice mail could be from an impostor, best wait until they actually rape you before looking into it.

      Maybe crimes and threats should be taken seriously and there should be some sort of system to determine the guilty party to the best of our ability. Some sort of adversarial system where both sides present the evidence of their case. Perhaps some disinterested third party could weigh the evidence. I know, a group of people agreed upon by both parties selected using a formal process. It wouldn't be perfect, but I bet something like that would help...

      --
      Some privacy policy Slashdot.
  8. Re:Forum Mods? by snl2587 · · Score: 1

    You do realize the way /. moderation works, right? Are we all, then, responsible for uncensored hate speech?

  9. SLAPP! by DaveV1.0 · · Score: 2, Insightful

    Hmmmm?

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  10. 2 concerns by kellyb9 · · Score: 3, Insightful

    Internet privacy policy

    Expect none

    Free Speech

    Slander and libel are illegal

    Just about covers those two concerns.

    1. Re:2 concerns by nurb432 · · Score: 1

      Internet privacy policy

      Expect none

      Free Speech

      Slander and libel are illegal

      Just about covers those two concerns.

      Hate speech is protected.

      --
      ---- Booth was a patriot ----
    2. Re:2 concerns by arth1 · · Score: 2, Insightful

      Slander and libel are illegal

      For something to be called slander or libel, I think the accuser should have to show at least ONE person who believed it, AND damage done. If they can't, it's just derogatory remarks.

      If I said that Chief Justice John Roberts is an arsehole, that's clearly an opinion.
      If I said that Roberts has a forked tongue, that is clearly not libel either, because it's rather obvious that he doesn't (in a purely physical sense).
      If I said that Roberts has impregnated 74 women, it's not libel either, because the claim is obviously bogus.
      If I said I'll send my pet poodle to rape him, it's not a threat, because it's not believable.
      If I said that he raped a woman in Ohio in his youth, it may be libel, depending on whether someone believed it or not.
      If I said that he has a mole on his butt, it's not libel even if someone believes it, unless he (a) doesn't have one, and (b) can show how this belief caused him damage.

      I recommend that we grow a skin before we start prosecuting people for thought crime. Only when there has been real damage due to remarks should prosecution be pursued. Otherwise, it will be detrimental to free speech, and abused by those who want to hush someone up or arrest them for their opinions.

      We may not like it when we're attacked by words, but in my opinion that's much preferable to being attacked by nightsticks.

    3. Re:2 concerns by k_187 · · Score: 2, Informative

      Sorta. Without getting too deep into it, only when there isn't an immenent threat of danger is it is protected. Its the difference between saying "I think all black people should die" and "lets go kill those black people over there".

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
    4. Re:2 concerns by mc900ftjesus · · Score: 1

      Slander is verbal, libel is written. There was no slander in this case.

    5. Re:2 concerns by dat+cwazy+wabbit · · Score: 1

      Thought crime indeed. According to the article, one of the posters said "I think I will sodomize her." Scummy, yes, and one step from an actual threat, but definitely just thoughts; quite literally. Free speech takes yet another hit.

    6. Re:2 concerns by computational+super · · Score: 1
      Slander and libel are illegal

      Illegal != Morally justified.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    7. Re:2 concerns by Oligonicella · · Score: 1

      Not if it's slander or libel.

    8. Re:2 concerns by Oligonicella · · Score: 1

      Where did you get the idea that someone somewhere has to believe the slander or libel?

    9. Re:2 concerns by tinkerghost · · Score: 1

      Where did you get the idea that someone somewhere has to believe the slander or libel

      The US standard is if a person could 'reasonably believe' the statement. "Jane's slept with the entire state of OH" isn't reasonably believable. "Jane slept with the entire football team" is.

    10. Re:2 concerns by ucblockhead · · Score: 1

      If you said "I am going to sodomize John Roberts", you would fully expect to see law enforcement at your door. It's not a matter of slander or libel. It's a matter of a threat of physical violence.

      --
      The cake is a pie
    11. Re:2 concerns by nurb432 · · Score: 1

      Then it isn't hate speech.

      --
      ---- Booth was a patriot ----
    12. Re:2 concerns by arbitraryaardvark · · Score: 1

      Internet privacy policy
      Expect none
      Free Speech
      Slander and libel are illegal
      Just about covers those two concerns.

      ^ quibble ^ Slander, at least in the us, is not illegal and libel is almost always not illegal.
      The term of art you are looking for is "tortious".^/ quibble ^

    13. Re:2 concerns by russotto · · Score: 1

      If you said "I am going to sodomize John Roberts", you would fully expect to see law enforcement at your door.

      If you're lucky. If you're not lucky, Chief Justice Roberts will show up expecting you to make good on your offer.

      Seriously, though, the cops may show up (rank hath its privileges) but there's no actual crime, because the threat isn't credible... nor even likely to reach its target.

    14. Re:2 concerns by ucblockhead · · Score: 1

      The threat probably isn't credible...but one reason the cops may show up is to determine this. One reason why anonymous threats may need to be taken seriously is that it is hard to tell whether the anonymous person has the power to make good on the threat.

      --
      The cake is a pie
    15. Re:2 concerns by SpiderClan · · Score: 1

      Either one would be reasonably interpreted to be an exaggerated statement about her sexual habits, though, so even though the statement isn't factually believable, it has a strong and believable implication.

      If I said that Jim down the street could lift a bus, you wouldn't believe me, but you would believe that Jim down the street is big and/or strong.

    16. Re:2 concerns by Joe+the+Lesser · · Score: 1

      that's not true...

      'I hate all Elbonians and like to see them die.' is hate speech, but not slander.

      'The Elbonian prime minister raped a goat' is not hate speech, but is slander.

      'I hate that corrupt, mud-sloshing, goat-raping, Elbonian Prime Minister and wish I could shoot him' is both.

      --
      "I only speak the truth"
      Karma: null(Mostly affected by an unassigned variable)
  11. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  12. Slashdot sucks by Anonymous Coward · · Score: 3, Funny

    Slashdot sucks and all it's users deserve to be raped. Before you mod me flamebait, consider the implications of such an action. Ordinarily, on the internet, people are able to ignore the trolls. And we've all seen how many times non-troll comments get modded troll for reasons only apparent to the moderator. Although this comment is clearly flamebait, there are other cases where it isn't so black-and-white. I think this kind of decision by the court could allow abuse by anyone who wants to supress speech critical of them. I could see Apple's lawyers trying to use this as precedent to unmask people complaining about their iPhone development policies, for example.

    1. Re:Slashdot sucks by martin_henry · · Score: 1

      Or, as we read about just a few days ago, movie production studios masking criticism of a stinker of a movie so people pay to see it anyway.

      --
      www.purevolume.com/martyd
    2. Re:Slashdot sucks by tinkerghost · · Score: 4, Insightful

      Before you mod me flamebait, consider the implications of such an action. Ordinarily, on the internet, people are able to ignore the trolls.

      AC's name is Dave Bubbleshits & he lives over in the blue house behind the college. He's a dumb bitch-ho who should be raped daily.

      There's a huge difference between anonymous flamebait directed at other anonymous people. These guys weren't directing it that way. They were giving specifics, in some cases names. This wasn't your normal trolling, this was cyberstalking & cyberbullying at it's worst. Done in person, it would be bad enough, but 4 years later, those comments are still the first thing anyone - including a prospective employer - sees when they Google these women's names. A libel is definitely called for here.

    3. Re:Slashdot sucks by brkello · · Score: 1

      What is with people taking a ruling and then applying it to something unrelated and stupid? Some guys leveled specific threats and allegations against individuals. Saying something against a whole site compared to individuals you know is a big difference. People complaining about problems with their iPhones isn't libel. There is absolutely no way that this would be abused in the way you stated.

      --
      Support a great indie game: http://www.abaddon360.com
  13. womens' rights more important by nickhart · · Score: 1, Troll

    This sort of "speech" should not be tolerated anywhere. Womens' rights and their safety is far more important than the "right" for misogynists to remain anonymous. Allowing them to remain anonymous is a tacit acceptance of allowing hateful speech and the fostering of anti-women attitudes (at the school and in society as a whole). The concrete harm done to these women (and women in general) trumps the abstract "harm" to the troglodytes who posted the messages.

    1. Re:womens' rights more important by Anonymous Coward · · Score: 2, Insightful

      What does being a woman have to do with anything? Isn't that a bit sexist in itself? Why aren't *all* people's rights more important? Why only women?

    2. Re:womens' rights more important by jguthrie · · Score: 3, Interesting
      In an odd coincidence, the quota of the day today is this:

      The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.
      HL Mencken

      In this case, everyone agrees that the "misogynists" are scoundrels. For my own part, I don't find the harm done to the women to be all that concrete and I don't find the danger to society to be all that abstract.

    3. Re:womens' rights more important by urcreepyneighbor · · Score: 1

      This sort of "speech" should not be tolerated anywhere.

      <shock>Are you for real?</shock>

      --
      "The fight for freedom has only just begun." - Geert Wilders
    4. Re:womens' rights more important by Cormophyte · · Score: 1

      I'm sorry, but saying someone should be raped doesn't damage that person's safety. Neither does saying they have herpes (which are the only two examples I saw in the article). Unless there's something of quite a different nature that wasn't included none of it actually harmed the girls. And it's not your, nor any branch of government's job to change attitudes. If I, or anyone else, wants to hate a group of people or a person in particular and preach that hate from a rooftop that's fine, unless they're violating one town law or another by shouting something people don't want to hear from a rooftop.


      Womens' rights and their safety is far more important than the "right" for misogynists to remain anonymous.

      Unfortunately it's not really a matter of the right of unpopular people to be anonymous, and unless you can show actual harm resulting from the statements it's not about women's safety, either. There is no concrete harm, it's an attitude. The spread of the attitude results in harm to the group, but you have no right to police an attitude, only the result of that attitude. Due to the fact that the article stated that the case is shaky at best it sounds likely that this is more about publicizing the identities of the posters and causing them indirect harm which is not what the court system is for. Nor, again, is it the place of the government to make everyone act as if they accept everyone else. If someone wants to hate a woman or women in general that's their business. If they state it publicly they can be ostracized and their statements removed if the medium allows. But in a privately owned space speech is free, and I'd gladly take a flamethrower to anyone who sought to make it illegal to say "I think she has herpes".

      Oh, and I rather doubt that if a man said another man should be beat with a baseball bat, or said he had crabs, that it would get anywhere near a courtroom. Why should women be more protected from being spoken against than men? We're equal in the eyes of the law, even if not in practical application. I don't think it's right to say that sort of thing to anyone, but I also don't like favoritism. Society in general is free to play favorites in many ways, but the law is not.

    5. Re:womens' rights more important by nickhart · · Score: 1

      In the United States, odds are that 1 in 6 women will be sexually assaulted in their lifetime. For college-age women the rate is 4 times higher. Women earn approximately $.80 to a man's $1. Most women in the US are not allowed to control their own bodies, as numerous State and Federal government regulations have been imposed on their reproductive systems and available medical procedures. The brunt of housework and child-rearing still falls primarily on women. ALL of these forms of oppression stem from misogynistic beliefs--primarily pushed by those in power, but to a certain degree they are perpetuated by ignorant fools who buy into them.

      The anonymous individuals advocating rape on a message board are part of that system of oppression--which causes concrete harm to women every day in the United States. Based on the content of this "speech" there is nothing worth protecting. Combating oppression is far more important than protecting the anonymity of those who would propagate oppression.

      No speech is being outlawed here. Troglodytes are still free to shout their hateful words all they want--but they can't expect to do it as anonymous cowards (to borrow from Slashdot's own term).

      IF the government were to ever turn around and use a progress-setting precedent like this for regressive purposes, then we have another battle on our hands worth fighting. But to defend the anonymity of these abusive people is to uphold the "right" of bigots to persecute others anonymously.

      If and when there is actually a political movement that threatens the established order, the government won't need cases like this to persecute their opponents. The FBI has a long record of intimidation (and even murder) against dissident groups. The period of McCarthyism in the 40's and 50's virtually wiped out the once-rich tradition of radicalism in this country. The ruling class will use whatever means are at its disposal to hold on to power, and they certainly won't let any laws get in their way.

  14. Re:oh yeah? by Dekortage · · Score: 1

    Hmm. How about you post that under a real Slashdot handle? Or maybe /. can identify your IP number and, by extension, identify you if someone in law enforcement desired it.

    --
    $nice = $webHosting + $domainNames + $sslCerts
  15. Re:The problem is hate speech changes by nickhart · · Score: 2, Insightful

    I mean, how long before speaking out against a candidate or elected official automatically nets you fines or jail time?

    This classic "slippery slope" argument is baseless.

    Calling for the rape of two women is hateful. There is no gray area here. There's nothing sacred about this "speech" that deserves to be protected, nor do the authors deserve any protection. Racism, sexism, homophobia and other forms of oppression need to be rooted out of society. Allowing these hateful ideas to be propagated anonymously is harmful to society and the oppressed minorities they target.

    Revealing the identities of the authors isn't going to lead to the widespread revocation of people's free speech rights. However, it might just teach some neanderthals to keep their disgusting mouths shut.

  16. Per se libel by Anonymous Coward · · Score: 4, Informative

    > a reply claiming "she has herpes."

    That's per se libel so long as it counts as a "loathsome disease" and identifies a specific person. Which is, per my understanding, the case here.

    I thought these were law school students? They're screwed. They have no defense if they can prove who made comments like that.

    1. Re:Per se libel by Colonel+Korn · · Score: 1

      Unless, of course, the student in question really does have herpes

      58% of Americans have Herpes (Simplex 1) according to Wikipedia.

      --
      "I zero-index my hamsters" - Willtor (147206)
    2. Re:Per se libel by sukotto · · Score: 1

      They have no defense if they can prove who made comments like that

      How do you prove that John Doe made those comments and not John Doe's roommate, drunken frat brother, or someone who spoofed his MAC/IP?

      --
      Come play free flash games on Kongregate!
    3. Re:Per se libel by Hyppy · · Score: 1

      Then they can still be sued for the threatening comments.

    4. Re:Per se libel by jayveekay · · Score: 1

      The anonymous poster who wrote "she has herpes" sounds like a lawyer. He wrote something which is probably true, since a majority of Americans have oral herpes, but which will be interpreted by most readers as referring to genital herpes. He accomplishes his goal (defamation) while protecting himself legally. Shrewd.

    5. Re:Per se libel by gnasher719 · · Score: 1

      How do you prove that John Doe made those comments and not John Doe's roommate, drunken frat brother, or someone who spoofed his MAC/IP?

      You take it to a court, a jury looks at the evidence and decides whether there is reasonable doubt or not. Admittedly "reasonable" is hard to explain to slashdotters. But a vague possibility of spoofing does not create "reasonable doubt".

    6. Re:Per se libel by russotto · · Score: 1

      The anonymous poster who wrote "she has herpes" sounds like a lawyer. He wrote something which is probably true, since a majority of Americans have oral herpes, but which will be interpreted by most readers as referring to genital herpes. He accomplishes his goal (defamation) while protecting himself legally. Shrewd.

      More likely a law student, because a full-fledged lawyer would know that argument wouldn't be likely to fly; that in context anyone reading it would assume that genital herpes was meant, not oral or zoster. Well, unless the picture which started the thread showed sores.

  17. sounds like hip-hop! by vvaduva · · Score: 1
    "the posters made threatening and offensive comments"

    Gee..that sounds like hip-hop!

  18. Hateful remarks? by nurb432 · · Score: 1

    Since when is a *hateful* remark a crime?

    Sure you cant claim false facts about a person, or threaten them, but just being hateful?

    --
    ---- Booth was a patriot ----
    1. Re:Hateful remarks? by martinw89 · · Score: 2, Informative

      When that hateful remark is libel.

      And, I want to point out some of the statements:

      The thread included messages such as, "I think I will sodomize her. Repeatedly" and a reply claiming "she has herpes."

      These are by far more than hateful remarks.

    2. Re:Hateful remarks? by russotto · · Score: 1

      "She has herpes" is libel per se, assuming the "she" is an identifiable real person. But "I think I will sodomize her repeatedly", posted on an Internet forum, in the context of a flame war? That's just immature chest-beating and feces-flinging. An assault requires that the threatened person feel a well-founded fear of immediate peril, and it requires that the threatener has the present ability to carry out the act. Neither of those is generally present on an internet forum.

    3. Re:Hateful remarks? by nurb432 · · Score: 1

      "she is ugly and doesn't deserve to live" "i think she has herpes" " i heard xyz"

      How about those?

      --
      ---- Booth was a patriot ----
    4. Re:Hateful remarks? by russotto · · Score: 1

      A remark like "she is ugly and doesn't deserve to live" is pure opinion, and protected. You can't protect yourself from libel by making insinuations instead of direct statements, so "I heard xyz" (where xyz is defamatory) and "I think she has herpes" are likely actionable.

      Disclaimer: I'm not a lawyer despite occasionally playing one on the net.

    5. Re:Hateful remarks? by protohiro1 · · Score: 1

      Libel is a tort, not a crime. This is a civil case. Its not illegal to say "x has herpes". But they can sue you for libel.

      --
      Sig removed because it was obnoxious
    6. Re:Hateful remarks? by SpiderClan · · Score: 1

      Context: Flame war

      Person A: I hate Linux/Windows/Mozart/whatever.
      Person B: In that case, I think I will sodomize you repeatedly.

      ------------
      Context: Credible threat

      Person A: Here is picture of some girl. Her name is foo bar. She is a bitch.
      Person B: Here is her address and class schedule.
      Person C: I followed her to the gym and took these pictures.
      Person D: I think I will rape her repeatedly.

  19. Actually... not "illegal" by ziani · · Score: 1

    Defamation allows you to sue for money, or a court order to stop/remediate the wrongful statements -- but it is not a crime (in the U.S.), and hence is not "illegal."

    Some actions allow you to sue for money AND are illegal, such as punching someone in the nose. That's battery (a crime) AND an act that allows you to sue the perpetrator for money.

  20. Re:womens' rights more important OR NOT? by Nom+du+Keyboard · · Score: 3, Insightful

    This sort of "speech" should not be tolerated anywhere. Womens' rights and their safety is far more important than the "right" for misogynists to remain anonymous.

    Using that logic I can make any speech illegal and exposed to retribution. Either Free Speech is an absolute right, or it is no right at all -- there is surprisingly little gray area in -between.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  21. Anthony Ciolli was always a self righteous twat by 1_brown_mouse · · Score: 2, Insightful

    Even before Autoadmit was around and he was in HS and college. Talk about someone who should be sodomized. If you can get the stick out of the way first.

    When this came around the first time, I was not at all surprised he was involved.

    1. Re:Anthony Ciolli was always a self righteous twat by onecheapgeek · · Score: 1

      Insightful? Informative? Flamebait? Funny?

      Ironic?

  22. Impending DDoS? by FatSean · · Score: 1

    I mean, people hate lawyers on the intarwebs...coupled with lack of 'respect' for women...this could cause a critical mass of internet angst that will be released as attacks on the women, their lawyers, and who knows who else.

    --
    Blar.
    1. Re:Impending DDoS? by Dan541 · · Score: 1

      But people don't know when to just leave shit alone, there are always asswipes (In this case the two women) who want to ruin it for others, Anonymity is a fantastic thing on the web and a vital part of free-speech.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    2. Re:Impending DDoS? by tha_mink · · Score: 1

      Anonymity is a fantastic thing on the web and a vital part of free-speech.

      Fantastic thing? Sure. Vital part of free-speech? I think not. Speech should be free, yes, but one should bear the responsibility of the things one says. When you lose that, speech becomes noise.

      --
      You'll have that sometimes...
    3. Re:Impending DDoS? by Dan541 · · Score: 1

      Speech should be free, yes, but one should bear the responsibility of the things one says.

      But then Free-Speech can't exist!

      If you are not free to speak without retribution then you have no free-speech, do you think people in China have free-speech?

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  23. 2 statements: by circletimessquare · · Score: 1

    "you're an evil bitch and i hate you"

    perfectly legal

    "there's a fire in this theatre! (snicker)"

    not legal

    whatever was said, if it resembles the latter rather than the former, then there is nothing wrong with what the women did, and the trolls should be found, prosecuted, disbarred, etc.

    that the case got this far, it is probably the latter. because if what was said resembles the former, they would have never have been able to get this far legally

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  24. Re:People named Jill and Hilary should be raped by RightSaidFred99 · · Score: 1

    You're an idiot. Slander, libel, and threats are illegal. Sounds like all three were present in the postings. No civilized person would think that these things shouldn't be illegal. And if they are legalized, it should be e.g. their father/brother/boyfriend/husband's right to mercilessly savage the person who did it. So OK - let's make all speech of any sort legal. Let's also revoke rights of protection from physical reprisal from the speaker in cases of threats, libel, or slander.

  25. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  26. Just a thought. by Higaran · · Score: 1

    Some one mod me down, so I can sue. But about the article, this seams like a case were some one had a fit about what some idiot wrote in the internet and then let it get WAY out of hand.

  27. Ahem. by Anonymous Coward · · Score: 1, Insightful

    Fuck you, Lawyers.

    Love, AC.

  28. Isn't there a matter of intent? by zappepcs · · Score: 1

    "I will pay anyone 100 dollars to rape either of those girls" is quite a bit different than "If they were raped, it would not bother me at all" as far as intent goes.

    I might have missed it, but didn't see where there was overwhelming indication that the intent was to incite violence. Granted, hate speech is a somewhat subjective issue, but at the rating this situation gives speech, most of /b/ is in big trouble, not to mention countless others.

    I don't believe that trolls express themselves well, but the first amendment is not limited only to the eloquent. "They should be raped" and "just die now please" are not far apart, and context has a lot to do with the meaning... semantically speaking. What body is going to decide what exactly is hate speech on the Internet? How will they determine exactly when to break privacy practices based on that?

    1. Re:Isn't there a matter of intent? by taustin · · Score: 4, Insightful

      Granted, hate speech is a somewhat subjective issue,

      What body is going to decide what exactly is hate speech on the Internet?

      Oddly enough, there is a body whose job is to determine the facts on matters that are somewhat subjective, and alledged to be harmful. That body is called "a jury."

    2. Re:Isn't there a matter of intent? by chartreuse · · Score: 1

      Oddly enough, there is a body whose job is to determine the facts on matters that are somewhat subjective, and alledged to be harmful. That body is called "a jury."

      Yes, and it appears the trial is happening right here.

  29. Re:I think not. by RightSaidFred99 · · Score: 1
    You, too, are an idiot. Mayhaps someone should find your identity then repeatedly post lies and slander about you all over the interwebs. They could mail your employer, your family, make up and say all kinds of crazy shit. Accuse you of being a pedophile, of having AIDS, of having been molested by your parents when you were 25, etc... What, you're going to just cry over some "interwebs" postings?

    I'm all for free speech, but society has deemed slander, libel, and direct threats of physical harm are not free speech. I agree, oddly enough. The alternative is people say what they want, and if someone tracks them down and beats them to death for it we, society, will just decide not to protect you. Maybe that's the ideal world. People say what they want where they want, and other people are free to murder them for it.

  30. Re:Nonsense by xlation · · Score: 1

    Saying "X has herpes" sounds like a factual misrepresentation and not just a matter of opinion. It would probably be considered "slander per se" in many jurisdictions as well.

    It's never safe to judge the merits of a case from what is reported online or in newspapers, but if the right facts are there and can be proven, the "opinion" defense might not be all that promising.

  31. Re:Bitches by Anonymous Coward · · Score: 2, Insightful

    Fucking bitches.

  32. Re:Supid girls by RightSaidFred99 · · Score: 4, Informative
    You can't write whatever the fuck you want, sorry. You can't threaten to do bodily harm to someone. You can't slander/libel them. These are the rules. If it was just them saying "XYZ is a stupid **** and she's a horrible lawyer and I hate her and I hope she catches AIDS and dies" then I'd agree with you. Claiming she has herpes (unless she does, that wasn't spelled out in article and would slightly change my opinion on this particular) and saying he's going to rape her is a different ballpark.

    If he's allowed to say those things, then her father/brother/boyfriend should be allowed to brutally murder the AC to protect her from rape (he did say he'd rape her). We (society) afford you rights and place limits on those rights, in exchange we protect you from your fellow man. Them's the rules. "God" didn't give us any rights, your rights are, in practice, what society decides your rights are. Often I disagree with society, but not in this case.

  33. Re:Stupid bitches by martin_henry · · Score: 2, Funny

    Dear Sir, We almost have your identity. Sincerely, Nosy Lawyers

    --
    www.purevolume.com/martyd
  34. It's on the internet...repeat all you want. by FatSean · · Score: 1

    I mean, one more article repeating the free speech made by the trolls is nothing when google cache exist.

    It's dishonest.

    --
    Blar.
  35. Exactly by A+nonymous+Coward · · Score: 2, Insightful

    ...please be careful with phrases like "womens' rights to not feel threatened."

    No one has the right to not feel threatened. Under most circumstances you have the right to not be harmed, and under some circumstances you have the right to not be threatened. But there is a lot of jurisprudence about "true threats" that suggests a threat must be credible (among other things) before you have a right to silence someone or claim damages against them.

    I don't know the context of this "threat", not having read the forum in question, but what do these women do when someone says "Fuck you" to them at a party or driving a car? Do they go running for a lawyer? In both cases, the threat would be much more credible than some anonymous net poster.

  36. Daniel Solove... remember him? by Hyppy · · Score: 2, Interesting

    The Washington law professor mentioned in this article, should be familiar to /. users from a previous work of his: "'I've Got Nothing to Hide' and Other Misunderstandings of Privacy"

  37. Re:I think not. by miserere+nobis · · Score: 3, Insightful

    I think you are missing the point. This isn't about suing for being offended, or using the law to hit back at someone for saying something mean. The anonymous postings in question clearly meet the legal threshold for libel (accusing someone of having an STD is automatically considered libel without proof of damages in most jurisdictions, I believe), and may meet the legal threshold for threats. These are actions which have been illegal, and legally punishable, for centuries. That they take place on the Internet makes no qualitative difference, and shouldn't.

    It is standard and reasonable for courts to issue subpoenas in order to ascertain the identity of someone who has broken the law.

    The main differences here from printed libel to online libel are 1) that the publisher (owner of the web site) is, in many cases, likely to be off the hook, because hosts of online forums are not usually considered responsible for what those forums contain unless they control their contents (or fail to respond to DMCA requests); and 2) the reasonable expectation of damages is actually higher than it would be in print-- consider that, say, a New York Times op-ed that appeared only in print form and accused you of something vile and damaging to your reputation might be read by a few hundred thousand people and remain forever unread by all 6 billion or so people who never happen to encounter that day's paper. With the expectation that any potential employer will Google your name to see what turns up, however, the audience for online public libel is unlimited.

    I don't see anything unreasonable or controversial here; the only thing wrong was originally including the host of the web site in the lawsuit, which probably was an understandable mistake given that we don't have many years of precedent yet for who is responsible in what sorts of online offenses.

  38. Re:Yep... by Doctor_Jest · · Score: 1

    and AOL, WebTV, grandma.....

    --
    It's the Stay-Puft Marshmallow Man.
  39. Re:You can't harrass women online or anywhere else by taustin · · Score: 3, Funny

    I would submit that you are the new poster child for the pussification of America.

  40. Not to be offended? by roster238 · · Score: 1

    You have a right to free speech but there is no right to "not be offended". If I make comments that are not appreciated by everyone (these comments for example) I have excersized my right to speek in a public forum. I now have a responsibility to allow others to respond. Some of those responses will likely be offensive to me but I have accepted that I might not like what I hear when I spoke in public. Threats of physical violence must be credible threats before they break any laws. If someone says "I'll bash your head in!" the only way to determine that the threat is credible is after the bash my head in or are caught outside my house with a brick in hand repeating the threat. I think this steps over the bounds of free speech. The best response would have been for the moderator to terminate the accounts of the offenders (if they had accounts) and to delete the comments from the forum if they did not meet the standards of the forum.

    --
    I swear I didn't know it was loaded...
    1. Re:Not to be offended? by tinkerghost · · Score: 1

      If someone says "I'll bash your head in!" the only way to determine that the threat is credible is after the bash my head in or are caught outside my house with a brick in hand repeating the threat.

      Might I suggest you yell that from about 100' away from Herr Bush, with no brick in your hand.... I think you'll find the standard for credible threat to be somewhat lower than you suggest.

    2. Re:Not to be offended? by roster238 · · Score: 1

      Threatening the president and threatening the guy down the street are two entirely different scenarios. There was a young woman (Lisa Bianco) in my city whose ex-husband had threatened her in writing and via the telephone from Prison. He was released on an 8 hour pass where he proceeded to murder her, a crime for which he received the death penalty. This is the normal standard that threats must reach to attain credibility.

      --
      I swear I didn't know it was loaded...
  41. Re:about those posters... by Lil'wombat · · Score: 2

    If it was Princeton then I'd be shocked. But Yale? I expect that kind of behavior Yale and the other clown colleges.

    --

    Truth: If it's not one thing, it's another

  42. False perceptions of anonymity by dstates · · Score: 1

    The fallacy is the perception that there can anonymity on the Internet. Earlier this year, a woman was accused of violating Federal law by using a fake MySpace name. If you make false and injurious comments, it really does not matter if you try to hide behind a fake user name.

    --
    Statesman
  43. Re:The problem is hate speech changes by monxrtr · · Score: 1

    The author is an I.P. Address. Now if the plaintiffs slander a specific individual person on the basis of an I.P. Address in their lawsuits, they will be ironically and foolishly sealing their own fates on the exact same grounds upon which they were complaining. Then they will be slandered, dumb, have slandered others themselves, and without any future career in law.

    Somebody contact the Duke University faculty to send a letter of support for the Jane Does and a writ of Guilty on a couple people behind some random I.P. Address.

    --
    "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
  44. Re:Forum Mods? by sp1nz · · Score: 1

    Do you think all forums work like /. ? The site owners were alerted to which posts were offensive and COMPLETELY off the wall, and were asked to take them down. They did not, so wouldn't you hold them accountable? Or do you want to spout more straw man bull shit?

  45. Re:People named Jill and Hilary should be raped by mapsjanhere · · Score: 1

    Interestingly, in most of Europe that would be just what they would be doing to you under "incitement to violence" statues. Which mostly were enacted due to fascists' actions, since they were famous for making such statements - and acting on them.

    --
    I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
  46. blaming the wrong person by AdamThor · · Score: 1

    I think the blame here is going in the wrong direction.

    Blame the posters? Idle threats and childish insults have a longer history than the intarweb. How can anyone think that the internet should be open to everyone - even the irresponsible - and somehow not contain irresponsible material?

    If the article is correct, and these girls suffered because of the online information about them, then wouldn't the people to punish be those who acted on incorrect / inappropriate information? Seriously, what employer denies someone a job because someone called the applicant a bitch online?

    Professional decisions made based on personal information found online shouldn't be ok. Not that that's any more enforceable than preventing children from calling each other names. If you want to blame someone for irresponsibility blame the person who was supposed to be responsible - not someone who is clearly just spouting off.

    --
    -- "Oh. This guy again."
    1. Re:blaming the wrong person by Mistshadow2k4 · · Score: 5, Insightful

      Huh? Okay, let's do a little experiment here. You must have a female relative or acquaintance somewhere who can get online. Now, send her an email or post on a forum she visits a lot of insults and threaten to assault/rape her. Indicate that you know who she is in real life. See how she reacts.

      Now, try to imagine how you'd feel if exactly that happened to a woman you happen to care about, like, say, your mom or a sister. "Idle threats"? Sure, a threat to rape your mom or sister might be idle, but I'd bet you'd take it seriously. I know that if it were me and I found out who he was, I'd want his ass in jail for threatening me with bodily harm. It's little different from a guy calling you and telling you he's coming to your house to rape you. Simply put, it's not a matter of childish threats. It would be pretty damn scary, in fact.

      Christ, the number of guys here defending these guys rights to threaten women online makes me wonder how many wannabe-rapists there are on slashdot. If I ever meet any of you in real life, keep in mind that I'm a redneck from the southern US and I will shoot you if you try anything. Yeah, we get a little upset when rape threats start flying around. What did you expect, them (or me) to just giggle and ask if we can get you another beer? Jesus.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    2. Re:blaming the wrong person by AdamThor · · Score: 2, Insightful

      If I ever meet any of you in real life, keep in mind that I'm a redneck from the southern US and I will shoot you if you try anything.

      Now who's making threats? Should you go to jail?

      --
      -- "Oh. This guy again."
    3. Re:blaming the wrong person by shellbeach · · Score: 1

      Now who's making threats? Should you go to jail?

      I think the fundamental difference here is that Mr. Self-confessed Redneck was making wild threats to all people on the internet. Whereas the posters in this case were making threats and libellous remarks specifically targeted at a named individual. According to TFA, the threats were numerous enough to appear in the first page of results when the Jane Does' names were searched for, leading to all sorts of employment and personal issues for the two women involved.

      Also according to TFA, and perhaps the bigger issue here, is that the law suit only occurred because the admins of the forum refused to remove the offending comments. Surely it doesn't require much common sense to realise that when someone's life is being damaged by hateful and offensive comments, removing those comments is the most sensible action for all involved?

    4. Re:blaming the wrong person by Cessen · · Score: 1

      keep in mind that I'm a redneck from the southern US and I will shoot you if you try anything.

      It's interesting that you would shoot someone for attempted rape. I noticed a while ago that I had a similar attitude, but when I stopped to think about it I realized that didn't make sense.

      In general, it seems our culture has an equally strong reaction against rape as against murder. It's almost as if they were the same thing. But by any rational standard murder is far worse than rape. They're not even comparable.

      If you really wanted to punish a rapist fairly, you'd get some big dude to rape him in the ass (of course don't warn him ahead of time, as the element of surprise and uncertainty is important). But you wouldn't kill him.

      Of course I'm not saying that rape isn't a horrible thing to do to someone. But it's far *less* horrible than, say, cutting off someone's genitals or killing them. And, honestly, I think elevating rape to that level diminishes murder and other worse crimes. It's really quite disturbing.

    5. Re:blaming the wrong person by eldepeche · · Score: 1

      Say hi to the Tin Man and the Cowardly Lion when you burn that straw man.

    6. Re:blaming the wrong person by AdamThor · · Score: 1

      According to TFA, the threats were numerous enough to appear in the first page of results when the Jane Does' names were searched for, leading to all sorts of employment and personal issues for the two women involved.

      The people who actually create difficulty for these young ladies are the ones who read this nonsense and use it as input on important decisions.

      Threats of physical violence can be actual indicators of danger, but more often are leftover playground trashtalk. It's hurtful, yes, but that's part of communicating with/about people we don't necessarily like. Unless it rises to the point of being actual crime the government shouldn't have to enforce that we all be nice to each other.

      I would personally rather the government not restrict what I say / is said about me on the internet AND potential authority figures be barred from searching my personal online history RATHER THAN the government restrict online speech and give tacit approval to the concept that interviewers should be expected to be able to take whatever gossip they can find about me online as gospel.

      --
      -- "Oh. This guy again."
    7. Re:blaming the wrong person by LaskoVortex · · Score: 1

      Mr. Self-confessed Redneck

      Read carefully. I think that's Mrs. Self-confessed Redneck to you, bro.

      --
      Just callin' it like I see it.
    8. Re:blaming the wrong person by shellbeach · · Score: 1

      Mr. Self-confessed Redneck

      Read carefully. I think that's Mrs. Self-confessed Redneck to you, bro.

      *laughs* ... I think Ms would be the safer option, all things considered! But good point, I never noticed ... although it makes her post all the more stronger.

    9. Re:blaming the wrong person by shellbeach · · Score: 1

      The people who actually create difficulty for these young ladies are the ones who read this nonsense and use it as input on important decisions.

      Threats of physical violence can be actual indicators of danger, but more often are leftover playground trashtalk. It's hurtful, yes, but that's part of communicating with/about people we don't necessarily like. Unless it rises to the point of being actual crime the government shouldn't have to enforce that we all be nice to each other.

      The difference is that a hurtful comment made in person lasts all of a second and is gone; it is heard by only those around you and its influence is weak.

      On the other hand, something in print lasts a lifetime and can be read again, and again, and again. While I don't necessarily think the posters should be sued, I do think that the forum admins should have deleting the offending comments. That's not the government restricting what you say, it's just common sense being applied by a reasonable, compassionate human being.

  47. Re:Supid girls by lysse · · Score: 4, Funny

    The net is virgin territory

    Well, it was. Now, of course, it's fucked...

  48. Re:Supid girls by endstar · · Score: 1
    INAL, but two things obviously are wrong with your post:

    (1) This case is in civil court. This is not a criminal case, so the police probably weren't involved.

    (2) If someone was caught writing libel on bathroom walls, the person being libeled would have grounds to sue.

    The internet is new ("virgin" somehow doesn't seem appropriate here) technology, but laws still apply. Weaving campaigns of lies against individuals is punishable in civil court. A person is naive if they think they automatically can say anything they want on the internet, without accountability. Unless you take serious precautions (pay cash at random internet cafes?), your IP address is recorded, and you can be tracked.

  49. I'm not certainly not supporting hateful speech by Layth · · Score: 1

    I'm not certainly not encouraging even half-way hateful speech half as much as I use it myself, but I'd certainly sport it against half of you slashdotters more than half as often as you deserve.

    1. Re:I'm not certainly not supporting hateful speech by Layth · · Score: 1

      Obviously this post went over your head.
      Try reading the article summary, and then go watch the fellowship of the ring.

  50. Re:I think not. by harlows_monkeys · · Score: 1

    That was an idiotic comment. If the posts costs them jobs, then they aren't meaningless posts.

  51. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  52. [v] Post Ano^H^H^H as yourself by gmuslera · · Score: 1

    Now there is no such thing as anonymous coward... you will still be coward, but now you are a known one.

  53. Career by DerekSTheRed · · Score: 1

    I'm all for free speech, but allowing someone to say something that affects my career and livelihood is not cool. If I was convinced that a forum posting was going to cost me my job and career, I would sue too. That is real damages being inflicted to me. It would be better if employers would take everything on the internet with a grain of salt, but for some reason, no one does that.

    1. Re:Career by cdrguru · · Score: 1

      As an employer, if I have 100 resumes to go through for 1 job and after weeding out 80 of them that are completely incapable of performing the job I still have 20 to go through. I'm not going to interview 20 people. So I will look for some reason - any reason at all - not to interview some of them. If I find something, that resume goes in the "forget it" pile.

      This was even more true when I got handed a stack of resumes to dig through for someone else to actually interview the real, qualified, eligble candidates.

      So if it is on the Internet and it can be found, it will be used against you. Not because it might be true and accurate but because it is there. There is no good way to sort out what is true and accurate on the Internet, but there doesn't need to be for hiring decisions. It is much easier to filter on the basis of there being nothing vs. anything at all. So far today, the vast majority of candidates will have nothing or nothing outside of some completely innocent stuff.

      Having the word "rape" on the same page with the candidate's name isn't innocent.

    2. Re:Career by russotto · · Score: 1

      Having the word "rape" on the same page with the candidate's name isn't innocent.

      So the word "rape" should be censored because the mere proximity of it to someone's name causes employers to arbitrarily discard resumes?

  54. Re:The problem is hate speech changes by IdeaMan · · Score: 1

    Shutting down hate speech opens the door to shut down religious speech as offensive.
    A free society cannot be harmed by hateful ideas.

    Anonymity should be protected, _especially_ for speech.

    --
    They ARE out to get you simply because They are in it for themselves and they don't care about you.
  55. Damage to job prospects is real. by sampson7 · · Score: 5, Informative

    With respect, I disagree. Law firms, particularly "prestigious" corporate firms, are notoriously risk-averse and likely would not hire someone who had "achieved" net notoriety, no matter how smart or otherwise qualified. I would assume that most potential hires are vetted at the least through a google search, if not a more detailed Lexis investigation.

    If you were a blue chip firm, would you take the risk of hiring one of these women? Imagine your multi-million dollar client does a search on your new associate's name -- even just looking for phone number -- and comes up with a sordid sex story instead. Wow.... there's a real risk that you have just damaged the relationship with that client. Just as one example -- look at the Department of Justice's search on potential attorney hires. Now the DOJ was illegally considering political affiliation, not net fame, but the principle is the same: defamatory net stories would likely have prohibited these women from being considered.

    That big firms are risk averse is hardly surprising. In fact, risk-aversion/paranoia is what -- in theory anyway -- is what makes an $x00 an hour lawyer worth paying for.

    Note: this is also why I left a wanna-be big firm after a couple years. Who wants to work in an environment like that? But certaintly these women have the right to experience the hell of Big Firm life for themselves, and should not have had their careers permanently damaged because of a couple of idiots decided to slander them for fun.

  56. Re:Bitches by Lostlander · · Score: 1

    -5 Flamebait

  57. Think bombs by fuliginous · · Score: 4, Insightful

    If you leave a bomb anonymously we'd all want you tracked.

    Both hate speech and the bomb are an attack. So why not, freedom of speech shouldn't really enter into it unless what is said is true.

    So if they posted something true as a judge that would be my requirement. Show me that it is a lie in which case I'll pass the order to bring them to be held accountable. Otherwise if it is truth well pants you can't sue over the truth (can you?)

    Besides when was it freedom of anonymous speech?

    1. Re:Think bombs by sharkb8 · · Score: 1

      except for the fact that one causes death and physical harm, and one's only mean words. The Founding Fathers were MOST concerned about freedom of anonymous speech, but they were really just thinking of in the political sense. The harshest criticisms of the government were usually done anonymously or pseudonomously in the 18th century. The "marketplace of ideas" was conceived because people assumed that trolls would be ignored.

  58. Re:Frying pan - Fire by mapsjanhere · · Score: 1

    I think they'll have problems getting jobs as ditch-diggers now, because what employer would want to hire someone that would sue someone else over insults?

    Lawyers

    --
    I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
  59. Re:Not disagreeing, but... by codeneko · · Score: 3, Informative

    Presumably, the women were as anonymous as the trolls

    RTFA

  60. Re:Frying pan - Fire by Anonymous Coward · · Score: 1, Informative

    The funny thing is, now their names will be very visible linked to how they sued some anonymous people on the internet. I think they'll have problems getting jobs as ditch-diggers now, because what employer would want to hire someone that would sue someone else over insults?

    Right. I'm never going to hire Jane Doe I or Jane Doe II, ever. I don't want to be sued if I say I want to rape them. Riiiiight.

  61. Thomas Jefferson's advice on use of the Internet by smilindog2000 · · Score: 4, Insightful

    "Whenever you do a thing, act as if all the world were watching."

    --
    Beer is proof that God loves us, and wants us to be happy.
  62. Re:Supid girls by Explodicle · · Score: 1

    If that sort of thing bothers you, you shouldnt be allowed to breathe in a democracy.

    This has nothing to do with democracy. If the voters don't believe in free speech, it won't be protected.

  63. Not OK. by superdana · · Score: 1

    Rape is not a fucking joke. It's a violent crime. Threatening to rape someone is just as heinous as threatening to kill them. If someone left a message on your voice mail saying that you should be murdered, you'd call the cops, they'd find the motherfucker, and he'd rightfully go to jail.

    But when it's rape instead of murder, suddenly the right to free speech is more important? Sorry, no. If you threaten to rape somebody, you're a violent piece of shit and need to be dealt with by the police.

    1. Re:Not OK. by titzandkunt · · Score: 1

      Rape is not a fucking joke. It's a violent crime. Threatening to rape someone is just as heinous as threatening to kill them.

      You sure about that?

      How about we ask some rape victims about this hierarchy of evil?

      Now we ask some murder victims. Except they haven't got much to say, so you maybe you're right...

      --
      Political language ... is designed to make lies sound truthful and murder respectable...
    2. Re:Not OK. by superdana · · Score: 1

      Yes, I am sure about that, and you've completely missed the point.

  64. Re:You can't harrass women online or anywhere else by Kajukenbo · · Score: 1

    Sorry, this is a bit OT but...

    So you are saying what? All women are weaker than men and less able to defend themselves, automatically?
    Talk about a BS blanket statement. I know feminists who might come to blows with you just for implying that.

    Heck, any number of women boxers or martial artists in general could (at least) surprise you or I in a physical confrontation.
    The tone and timber of your voice scaring a 3-year old has nothing to do with whether or not your wife has trained with Rorion Gracie for 5 years. Do you think women bodybuilders or powerlifters need (or want) a 110 pound rent-a-badge walking them to their cars?

    Just because some women have not taken the responsibility to learn to defend themselves does not mean that they are without fault if they choose to take a shortcut to their cars. The case is no different if you or your wife walks through a dark alley and get mugged. You both made a bad choice. Period. The question is, do either of you know how to handle yourself in that (or another possible) scenario?

    "As for thinking of the children", well I have several kids ranged around 8 & 12 who can choke an adult male unconscious.
    It is made all that more easy because the adults never see it coming. The element of surprise for a woman or child makes it that much more effective. Choosing to live your life thinking "it will never happen to me" does not entitle anyone to play a special "victim" card if they are ever in a confrontation. If you don't take some responsibility for your own safety then that is your choice and it has nothing to do with you being weak, strong, male, female, young or old. You are free to ask some of my adult women students for their insights. But I suggest you don't raise your voice when you do it...

    --
    assertion: a positive statement, usually made without an attempt at furnishing evidence
  65. Re:The Article Isn't Very Specific by tinkerghost · · Score: 1

    Publicly exposing the identities of the trolls almost certainly will cause them harm,

    The women already have been refused jobs based on the controversy generated by the trolls comments - seems like a fair ballgame to me.

  66. Re:Not disagreeing, but... by Hektor_Troy · · Score: 5, Insightful

    On the other hand, if we assume the situation is analogous, the implication is that, should someone say to me in the middle of an online game, "I'm going to rape you," I should be able to compel their identity from Microsoft or whoever if I "feel threatened."

    I'm not sure those two are analogous. Without having reread the case, I seem to recall that the women in question did not seek out the forums in question. Their pictures were put on the board, and then the comments started flying. When they then joined the board, (again, afair) seeking to have the pictures removed, they were then subject to even harsher comments, including the rape ones.

    You, on the other hand, have joined the game yourself, and aditionally you have joined the chat, which is an optional extra, of your own volition. Aditionally, while "I'm going to rape you" might be a breach of conduct on Xbox Live (I don't know if this is the case), in most fps' this is the 'norm' where you attempt to psyche out your opponent. No adult of a reasonable mind will expect the speaker to seek out your address (is this even possible through Xbox Live?) and hunt you down.

    However, on this board, not only were the women's pictures posted, their names and addresses were posted, and considering the vitriol spewed forth on the boards, even I, being a VERY common sense kind of guy, would not put it beyond the assholes and idiots* on the boards to actually following through on their threats**

    Of course, I'm not in any way, shape or form a lawyer or had any law training. Hell, I'm not even from the US.

    * In my humble and non-medical/-psychological opinion, since I am not refering to mental retardation
    ** Considering the writing, the constant agitation by the other posters etc, I do not consider the comments "innocent", "joking", "ironic", "sarcastic" or even "humourous"

    Just as important - the court found in favour of the plaintiffs, so obviously the judge (jury?) found the threats to be credible and the derogatory comments to be libel. If you do not like that ruling, you need to write your congressmen and tell them why. Don't email, don't fax. Send them a physical letter, preferably handwritten. At least that's what the usual comments on the subject around here advices.

    --
    We do not live in the 21st century. We live in the 20 second century.
  67. Re:Forum Mods? by snl2587 · · Score: 1

    They did not, so wouldn't you hold them accountable? Or do you want to spout more straw man bull shit?

    I would not hold them accountable. I realize not all forums work like /., and please learn the difference between a "straw man" argument and an example.

  68. Re:womens' rights more important OR NOT? by sharkb8 · · Score: 2, Insightful

    There's actually a huge grey area. Time, place and manner are frequently taken into consideration by courts, as well as the content or commerciality of the speech, and the target of the speech, and the person doing the speaking. Free speech and first amendment rights are always brought up when a city wants to restrict sex-based businesses. However, since they're seen as commercial, that speech has less value in the public forum than a debate on our government's public policy. Governments can therefore, regulate the proper time and place for obscene or inappropriate speech (no adult bookstores within 500 foot of a school or church). Also, the manner of the speech can be regulated also. Public airwaves, i.e. radio and broadcast TV can be regulated by he FCC because the airwaves are a public resource and are leased by the federal government. That's why they can require mature material to be aired after 9:00. They also used to require a set amount of material to "benefit the public good", which is why radio and TV would air church services late saturday night and Sunday mornings, and why there were so many PSAs. Those rules have since been relaxed, but the rationale is still used. Public protests, even political ones, are frequently moved to protest areas, or required to have parade permits. This is to ensure that the protests don't cause a public nuisance or hazard. The same thing goes for the infamous "fire" in a crowded theatre.

    There's whole books written on commercial speech - what's true (100 calories per serving), what's false (microsoft eats babies) , and what's puffery (Ford trucks are the greatest). Commercial speech gets less protection because it's used to sell things - not further the public discourse.

    The New York Times Supreme Court Case re: Free speech held that when a public official was being criticized, the newspaper only had to refrain from saying things that it knew or should have known were false. Other cases have said that when the defamed person wasn't a public figure (i.e. a public official, a celebrity, or a person who sought the public eye), the bar against defamation was lower than when considering defamation against a non-public figure. And simply saying "Joe has herpes" may not be libel, depending on the context. Someone doing a comedy routine making jokes about Joe who says that Joe has herpes wouldn't be libel because no one would take it seriously - there's no "defamatory sting". You say that Joe has herpes in the middle of a medial report on NPR and it's probably defamation. That's why Howard Stern always has someone laughing at everything he says, to get people to thing it's a joke. And just stating that something's an opinion doesn't remove the slander - it's what people actually think that matters.

    And don't forget, the truth is always a defense to a charge of defamation - if Joe has a cold sore and I write a story about how Joe has herpes, well, too bad for Joe, because it's true that Joe has herpes.

    Regarding the threats, the common law varies from state to state, but you usually need a pattern of harassment or the imminent threat of harm. Standing in front of someone with a gun saying "I'm going to kill you" would likely be threatening, whereas saying it on the internet probably wouldn't because there's no imminent threat of bodily harm. (In New York, the person actually has to make some physical motion indicating that they are about to harm you - as my Torts professor used to say "words alone are not enough").

  69. Re:The Article Isn't Very Specific by AKAImBatman · · Score: 1

    It seems likely that they were not anonymous. The first line of the article was this quote:

    "Women named Jill and Hillary should be raped."

    Even if they used the forums anonymously (or didn't use the forums at all!), someone drug their non-anonymous reputations through the mud.

    No, I am not a lawyer or a student. But I did stay at a Holiday Inn Express once! :-P

  70. Re:Not disagreeing, but... by ShadowBlasko · · Score: 1

    See, I find that interesting, because a person who threw boxes, bins of clothing, and weapons at *me* was found not guilty because he "felt threatened by me".

    I was apparently guilty of being 6'3" and 280lbs. (as far as the jury was concerned) v/s someone nearly twice my age, a foot shorter, but with extensive weapons and self defense training.

    You can go batshit nuts on someone, as long as you can prove you are paranoid, you will walk.

    *sighs* what a county. (Yes, county, not country)

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order- Ed Howdershelt Via Tass
  71. Re:Frying pan - Fire by Hyppy · · Score: 1

    A law firm with a heavy litigation caseload.

  72. Re:The problem is hate speech changes by computational+super · · Score: 1
    There is no gray area here. There's nothing sacred about this "speech" that deserves to be protected

    Says you, on a completely arbitrary basis. What's the standard for what deserves to be protected and what doesn't? Are we all supposed to just go ask you? I'm sure that the theoretical candidate or elected official Shivetya is talking about feels the same way about people who speak out against him. And he's certainly in a better position to arbitrarily decide that "there is no gray area here" and that "there's nothing sacred about this 'speech'" and that it "needs to be rooted out of society".

    --
    Proud neuron in the Slashdot hivemind since 2002.
  73. Re:Not disagreeing, but... by Win0ver · · Score: 5, Insightful

    Normally I would agree with you, but you are misinformed about what really happened (I admit the article doesn't say much).

    This story has been on slashdot a few times. Here's what really happened, if I remember correctly:

    - Guys posts pictures of women and comment on the forum (she's a 9! she's a 4! such a bitch i'd rape her! etc.)
    - Women ask site owner to remove pictures and offending comments
    - Site owner laughs at them, and informs posters that the women in question asked for the pictures to be removed
    - Guys don't like it ; they literally start stalking these girls, take more pictures of them (at the gym?), and start posting threats.
    - Women sue.

    Read this again. These girls got stalked and threatened. I don't care if it's on the internet or elsewhere ; when someone stalks you, takes pictures, and threatens to assault and rape you, it is wrong, and these women have a case. The whole thing about it affecting their career etc was only true at the beginning (the first pictures and comments posted). This thing got a lot more serious afterwards.

  74. Streisand effect by huckamania · · Score: 1

    This is probably the best example of the Streisand effect ever. They sued some annonymous posters for libel, which resulted the libel in question becoming exponentially more pronounced.

    In hindsight, I hope they realize that they could and should have handled this differently, maybe turning the threats made over to the police and the university, maybe just handling it themselves by posting annonymous responses or maybe just ignoring it. They definately shouldn't have sued the site owner.

    Don't get me wrong, I'm not blaming them for what resulted. I doubt anyone could have predicted the results. But, after you open a can of worms, the only way to recan them is to use a bigger can.

    Maybe they or someone else can figure out a way to reverse the google bomb. That would be better then trying to sue their way out of their predicament.

    1. Re:Streisand effect by tinkerghost · · Score: 1

      I hope they realize that they could and should have handled this differently, maybe turning the threats made over to the police and the university, maybe just handling it themselves by posting annonymous responses or maybe just ignoring it. They definately shouldn't have sued the site owner.

      They did pass it to the University, and they did pass it to the police - who put it down as Frat Boy pranks. When they put up counter responses it became more graphic & abusive. And it's really tough to ignore it when you're told you can't get an internship because the first thing that comes up on a Google search of your name is that you are a slut who slept your way into lawschool.

      They tried to have the site owner either take the posts down or reveal who the posters were so they could sue them, he refused on both counts - so yes, suing to have the courts require him to remove the libelous posts is acceptable. Attaching him to the libel suit wasn't good tactics however - unless it turns out he participated in the postings.

  75. Re:Bitches by Mix+Master+Nixon · · Score: 1

    Bush, now this - Yale's the gift that keeps on giving, isn't it...

    --
    Oppressing an entire population is never cheap.
    --Jeckler (/. Beta IS GARBAGE!)
  76. Free Speech -- and Other Rights by fm6 · · Score: 1

    Sure, you have the right to free speech. However, if you're using somebody else's computer system to exercise that right, then the owner of that system also has some rights, including the right to impose reasonable rules, such as requiring people to be civil and stay ontopic. The fact is, griefers like this step on other people's free speech rights. To exercise my free speech rights, I need a forum. People who fill a forum with offtopic and malicious commentary make it useless, because nobody wants to wade through all the crap.

    Spam is an example of this kind of abuse of free speech rights. Don't people have a fundamental right to tell you about herbal alternatives to Viagra? But you also have a right not to listen.

    Anonymity is the problem here. The early Internet was a small, more-or-less cohesive community where anonymity was impossible. So they didn't bother to provide protection against misuse of anonymity. So there's no way to say, "I don't want to get any more email from that online pharmacy" or "This guy is not welcome in any forum I moderate." Eventually, we'll have some kind of ID certification system, and these problems will go away. In the meantime, nobody should claim a "right" to online anonymity — least of all, cyberbullies like this.

  77. finally the rubber meets the road by skoony · · Score: 1

    free speach on the internet? sure i'm all for it. what is free speach? surely not yelling fire in a crouded theatre. no more hiding behind the internet to spew hate,lible,and any other form of derision that would be actionable in the real world. go get em,and hang em high regards, mike

    1. Re:finally the rubber meets the road by cdrguru · · Score: 1

      How? By IP address? Really, how exactly do you figure out who is behind the keyboard?

      Sorry, this is the INTERNET. Even if you do go to court, there are ISPs that will destroy the logs (even in the face of court sanctions) to prevent you disturbing their customers.

      I don't know what these people think they are doing, but getting at the real individuals that have "harmed" them isn't going to happen.

  78. Right to know accusors. by FatSean · · Score: 1

    The public needs to know this information so they can determine if the courts acted correctly.

    This smacks of the double standards given to those who cry rape, and I dislike it.

    I dislike it enough, to automatically bias myself against these women. If they were so horribly wronged, they should stand up. Really.

    --
    Blar.
  79. Hate Speech Should Be Legal by b4upoo · · Score: 1

    I noticed in my younger years that whenever I was trying to punch someone down I always felt some hate and anger at that moment. Race, religion, color or place of birth or age have nothing at all to do with it!
          The point being that there are times when some really deserves your rage in this world and the last thing we need is courts getting all punitive about it.
            The real answer to someone hating you is to hate them back. Who needs all this warm and fuzzy stuff that is all the fashon these days?

  80. Comment removed by account_deleted · · Score: 1

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  81. Re:Supid girls by darkmeridian · · Score: 1

    The facts of the case are not quite as open-and-shut as they seem. The plaintiffs used the comments of a few to bootstrap their case against others. A few anonymous trolls posted most of the libelous and offensive statements. However, the plaintiffs chose to sue the operator of the web site and other posters (one of whom said something like "I want to lick whipped cream off the plaintiff") just to spite and out them. The plaintiffs intentionally didn't serve the operator of the web site to make sure he couldn't respond in court, while they negotiated with his colleague using the removal of the operator from the web site from the suit as a bargaining chip.

    The plaintiffs and their agents also started a libelous campaign against the operator of the web site to try to get him fired. They falsely stated that he had written the posts, which was not true. The operator of the web site has brought his own lawsuit against the plaintiffs in the first action and their attorneys. The complaint in the second case is pretty damning, if true, and it's too detailed to be all made up.

    http://64.233.169.104/search?q=cache:XFH9CX3EBhsJ:abovethelaw.com/images/IravaniComplaint.pdf+ciolli+v.+heller&hl=en&ct=clnk&cd=4&gl=us&lr=lang_en&client=firefox-a

    http://www.yaledailynews.com/articles/view/23920

    --
    A NYC lawyer blogs. http://www.chuangblog.com/
  82. Right on, except that... by Burning1 · · Score: 3, Insightful

    Most of the time the person who is drunk and naked at a frat party isn't the one posting pictures on the internet. It would be impossible to count the number of times an ex-boyfriend post a passionate private video to an online porn site, or a passerby post a youtube video of an embarrassing moment.

    Of course, people need to be careful about where and when they get drunk and stupid (never?) and who they allow to video them doing the nasty (no one,) but that doesn't make it right to post private moments, nor does it mean that the victims of that kind of invasion of privacy deserve the consequences.

    If anything, I think it's a problem with our society that we are so ready to ostracize someone for being human. Most of us have done some stupid things we regret. Those that have not are either lieing or boring as hell. Few of us were caught on video doing it.

  83. Comment removed by account_deleted · · Score: 1

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  84. Times Change by snspdaarf · · Score: 1

    Years ago, late '60s or early '70s, I was in the federal courthouse in Tulsa, OK. I remember seeing a sign on a door that read, "Prosecutors Will Be Violated!", and after asking around, I found out the office across the hall belonged to a a female prosecutor. At the time, it seemed to be a sophomoric joke, but I doubt that it would be tolerated today.

    --
    Why, without your clothes, you're naked, Miss Dudley!
  85. Comment removed by account_deleted · · Score: 1

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  86. Comment removed by account_deleted · · Score: 1

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  87. Re:Not disagreeing, but... by Abcd1234 · · Score: 1

    No one has the right to not feel threatened.

    Funny, because the Supreme Court has held that "threats of violence are outside the First Amendment" (citation). Now, I should clarify, that's not to say you have a right to not feel threatened. You don't. But you also don't have carte blanche to threaten others.

  88. Comment removed by account_deleted · · Score: 2, Insightful

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  89. Re:Supid girls by jdgeorge · · Score: 1

    The complaint in the second case is pretty damning, if true, and it's too detailed to be all made up.

    From this comment, I infer you have never read, like, a book. After you browse some of the made up stuff you can find here, you might reconsider whether it is possible to make up stuff that's extremely detailed.

  90. The article does not go into by denton420 · · Score: 1

    how real of a threat this poster really was.

    People call for an end to "anonymous" slander without actually thinking through things rationally.

    Jeez, I really do not know where to start on this one. This is going to turn into a rant but I hope to, by the end of it, reach somewhere sensible. Lets start with the most prominent point.

    Nothing said on an online message board ( ESPECIALLY BY AN ANON.) means anything in the real world. If you say you are going to rape and murder a bunch of people on a message board it is more likely that you will not do it. You would not be posting about it, but instead be out raping and murdering except you are too much of a computer nerd to step out into the sun muchless kill someone. Certain forums will have different views on this. A forum for law students is clearly not a good place to do this as opposed to a place like off topic. That is where he made his first mistake. Law students would be the ones to take this stuff way too serious.

    If the police started arresting everyone who makes a threat in a flame war half of us would be in jail. Hell I would have quite a few counts against myself. Who really means the shit they say on a message board when making a flame??

    Thats just part of the "fun" you can have on the internet. Hell you do not even need to be anon, people just take shit too seriously. Once you log off, thats it. Things on an EZ board are only as real as you make them.

    Once people realize that internet message boards are not to be taken seriously, they will probably increase their life spans by a few years from the stress reduction. People act as if getting flammed on the internet is going to ruin their lives, it means nothing. It means nothing to those who "get" the internet. Not everyone "gets" the internet. I thought most slashdotters understood this. But from the majority of responses they are talking about the legal implications of such threats. I see hundreds of said threats on message boards everyday followed by a LOL STFU NOOB ILL RAPE YOUR MOM AND BURN URE HOUSE DOWN. Insults continue to be thrown until the godwin rule kicks in. Everyone knows its just the internet that lets you say those dirty things. Its been going on for over a decade. Now the internet has reached critical mass and we have people like mom and dad using the internet that think every infomercial(read:flame bait) is the "real deal"

    Do you honestly think he was going to rape her? I do not. These girls just got really mad that they had people bad mouthing them on an internet forum that means nothing. They most likely got rejected by some law firm because of their lack of qualifications and just convinced themselves the recruiter saw this post and took it to be truth.

    Now, lets say the recruiter for these lost "prestigious jobs" sees this message board. If he reads this message whole and by the end of it decides that he does not want to hire her, he has failed on several critical levels.

    I would go so far as to say I would not want to work with a company that displays such ignorance in their recruiting practices. The messages are firstly anonymous, so that is a red flag 1. The content and mode of discussion is not only untrusted and one sided, but clearly not professional. Red flag 2. Claiming to sodomize someone over the internet? Clearly a flame attempt to get attention. Red flag 3.

    This again ties into the fact that people actually take flames written on message boards as truth. There is a skill we all learn growing up. The exact term fails me at the moment, but that is essentially filtering out what is untrue. If you assume everything you read to be true in this world, you should have about 500 products that will give you rock hard abs in just 3 minutes a week.

    The same rules apply to the internet. They claim that the internet has evolved faster than the courts can clamor to moderate and control it. I believe this not to be true. The courts are making rapid advancement where money is at stake thes

  91. Re:Supid girls by steelfood · · Score: 1

    If he's allowed to say those things, then her father/brother/boyfriend should be allowed to brutally murder the AC to protect her from rape (he did say he'd rape her).

    Bullshit. Who made her father/brother/boyfriend judge and jury? Anyone is allowed to say those things. It's up to a judge and jury to determine what to do about the offender.

    IANAL, but I believe you can say you'll cause bodily harm to someone, but if that person cannot show that you're in a position to carry out the threat, and that person cannot show that they could reasonably deduce that you were in such a position, self-defense does not apply.

    Which is to say, if you were drunk off your ass and proclaimed you were going to strangle your recently-acquainted female companion with a noodle, she might not be able to claim self-defense if she kills you or causes bodily injury to you. Now, if you skipped the noodle part, and you displayed the ability to strangle her with your bare hands despite being drunk, that's another story.

    I think this lawsuit (and any such lawsuit) is meant to humiliate the trolls more than to lock them up. It's meant to expose them for who they are, and let them face the ridicule of their peers and the public.

    Of course, if the trolls had been halfway intelligent, they would've secured themselves by posting anonymously, through TOR or some such.

    --
    "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  92. Disagreeing... by Theaetetus · · Score: 1

    But there is a lot of jurisprudence about "true threats" that suggests a threat must be credible (among other things) before you have a right to silence someone or claim damages against them.

    In this case, some of the posts included the girls' names, addresses, class schedules, gym locations, and times they could usually be found there, with exhortations to follow them and rape them.
    That amount of detail makes the threat credible.

    The challenge with this case is really about whether the trolling in question qualifies as a true threat. Presumably, the women were as anonymous as the trolls; is it possible to issue a credible threat against someone whose identity you cannot ascertain?

    Presumably, yes, but in actually, false. The girls were named by name, and I believe there were even photos posted. The fact that they are named as Jane Does in this suit does not mean that they are unknown.

    Thus the danger of the false presumption - the rest of your post, though accurate as a hypothetical, is wrong in this case.

  93. The law is pretty narrow. by Hamster+Lover · · Score: 1

    The law is exceptionally narrow as the purpose and effect is not to criminalize hatred per se, but expressions of hatred towards a group. Nothing in the Criminal Code abrogates your right to hate others or your freedom of conscience, never mind that this would be impossible. Private communication is also excluded, so the Nazi groups or what have you can gather in their living rooms and hate people all they want. Essentially one cannot post a web site, march in a rally or distribute literature with the intention of spreading hatred towards an "identifiable group." Your point is well taken, however. What is an "identifiable group"? Britney Spears fans? Podiatrists?

    I'd rather we not have this law and have hatred fight for space on the public forum on its merits, as all speech should. The only real way to fight intolerance and hatred is to confront it, not hide it.

    1. Re:The law is pretty narrow. by Bios_Hakr · · Score: 1

      You need to get a prominent politicial talking head to come out and admit that he *hates* criminals. Then, prosicute him.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
  94. This has nothing to do with privacy by DancesWithBlowTorch · · Score: 4, Insightful

    This is not about privacy. It is also not, as the submitter wants us to think, about "Freedom of Speech".

    Freedom of speech is the right to say what you think if you don't thereby infringe on other people's higher valued rights (by committing libel). It's not the right to hide behind a false identity and make libelous claims.

    It is also not "privacy" to go out in public, use a fake name and yell something, independent of whether it's true or not.

    Privacy is the right to decide for yourself how much of the "things you don't do in public" becomes public (that's a vague definition, given).

    There is no reason to protect the identity of trolls. There is a reason to protect their right to say their honest opinion, however stupid it may be -- but not their wish to make libelous claims and go unpunished.

    1. Re:This has nothing to do with privacy by Dan541 · · Score: 1

      People have to hide these days because of bitches who want to sue them for every little thing.

      One of the Women was provoking the Troll in the Autoadmit thread, proving that she really is stupid.

      (Anyone got a link or cache of the original thread?)

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    2. Re:This has nothing to do with privacy by Asic+Eng · · Score: 1
      Freedom of speech is the right to say what you think if you don't thereby infringe on other people's higher valued rights

      There is really no constitutional right to not being libeled, so the "higher value" seems a bit dubious. I agree that in practice in the US common law overrules the constitution. That doesn't mean your's is a good definition of "freedom of speech" - it just means you don't actually have unrestricted freedom of speech, regardless of what the US constitution claims.

  95. Exactly... wrong by Theaetetus · · Score: 5, Insightful

    I don't know the context of this "threat", not having read the forum in question

    There's your first problem - before passing judgment, it would be good to do at least a bit of cursory research.

    but what do these women do when someone says "Fuck you" to them at a party or driving a car? Do they go running for a lawyer? In both cases, the threat would be much more credible than some anonymous net poster.

    And there's your second problem - in spite of admitting that you've read nothing about this, including apparently the article, you're ready to make ad hominem attacks.

    On the off chance you read this, the grandparent poster was wrong - the threats were graphic and specific, listing the girls' names, photos, and class and gym schedules. That becomes a credible threat.

    1. Re:Exactly... wrong by Theaetetus · · Score: 1

      If rest of your arguments match the quality of your knowledge of ad hominem, they are safe to ignore.

      Blah blah blah. Would you like to address the point, Mr. Red Herring?

    2. Re:Exactly... wrong by benzapp · · Score: 1

      I have to say, I too find it remarkable someone actually would misunderstand this fairly simple logical fallacy. What's worse is how many slashdot readers not only share a similar lack of understanding, but applaud it and moderate it up.

      What has happened to this site?

      --
      I don't read or respond to AC posts
  96. Re:Supid girls by brkello · · Score: 1

    No, you are wrong. People THINK they are anonymous on the Internet but they are not. And if they are leveling credulous threats against a person or damaging their ability to find employment by saying slanderous things then they should be prosecuted. I am a person who thinks that we have become way too politically correct as a society and I still believe that threats and libel should be prosecuted. This is different than some moron spouting off anonymously and you should be smart enough to recognize that.

    On a side note...if you are going to call someone stupid, it is a good idea to spell "stupid" right.

    --
    Support a great indie game: http://www.abaddon360.com
  97. Re:Supid girls by alexborges · · Score: 1

    Yeah.... and this kids DIDNT threaten to do ANYTHING.

    --
    NO SIG
  98. Better yet, don't get drunk and naked at parties. by EWAdams · · Score: 2, Insightful

    Other people will put pictures of you, drunk and naked, on THEIR web pages.

    The right way to keep your reputation clean is not to try to hush up everything you do, but not to do things that reflect badly on you in the first place... duh.

    --
    I piss off bigots.
  99. Re:oh yeah? by loraksus · · Score: 1

    Women named . . . Hillary should be raped.

    I think "Not even with a stolen dick" would be the consensus of quite a few Americans.

    --
    1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
  100. Total 100% hypocrisy by lena_10326 · · Score: 4, Interesting
    Here's a time line:
    1. Anonymous posters libel Jane Doe 1 and 2 on the forum
    2. Website refuses to remove the comments on the grounds of freedom of speech
    3. Jane Doe 1 and 2 sue and discover the identities of the anonymous posters
    4. Jane Doe 1 and 2 sue anonymous posters, as well as add website administrator Ciolli to the suit
    5. Ciolli is later dropped on the grounds that ISPs and administrators cannot be held liable
    6. Ciolli sues Jane Doe 1 and 2 on the grounds of defamation

    Here's where the hypocrisy comes in.

    We know illegal felonious comments (threats of rape and murder) were allowed to remain posted on the website. We know the website administrators (including Ciolli) claim to have allowed those messages to remain posted in order to "protect" freedom of speech of the anonymous defendants. But why is freedom of speech OK in that case, but not OK when the Jane Does bring lawsuit against him? Was it because he suddenly found himself being dragged into the mix? Did he find out it was an awful thing having people making false accusations about him? Did he find out libel is NOT protected by freedom of speech after all?

    He got a taste of what it's like to be libeled, slandered, and defamed in a horrid way and then suddenly changed his tune. He wanted to deny the Jane Does the freedom of speech and their freedom to bring lawsuit, but he didn't appear to be concerned about the harm caused by the messages posted by the defendants.

    That's hypocrisy.

    --
    Camping on quad since 1996.
    1. Re:Total 100% hypocrisy by garylian · · Score: 1

      My favorite part is that the admins claimed they were protecting the user's free speech rights.

      While there is a general rule that says that webmasters/admins aren't responsible for offensive material written, there are very few forums you can post what was posted about these women and not have it deleted. Usenet is one place, and /. is another, but most forums have rules.

      These admins had no reason to protect free speech, other that to feel like they were being cool. And you're 100% right. This Ciolli person found out what it was like to have his 15 minutes of infamy, and how those 15 minutes can unfairly taint the rest of your life. All to protect trolls that weren't contributing anything constructive.

      Law students should know better than to think they are anonymous. About the only people that manage to hide for any length of time on the internet are spammers, child porn collectors, and hackers/virus writers. Everyone else is pretty much easy pickings.

    2. Re:Total 100% hypocrisy by lena_10326 · · Score: 3, Insightful

      It's one thing to troll a board anonymously and call other anonymous members names because it's quite apparent that sort of behavior is silly childish trolling, but it's a whole different thing when the trolling is targeted against someone's real name.

      The damage is greatly worsened when you know both the anonymous troll and victim are related in some way geographically or attending the same university. That's when the threats become elevated from stupid trolling to a real threat because the troll has demonstrated he has the desire, ability, and means to carry out that threat. Then consider the troll has the advantage of surprise because the victim has no idea who that person is. It could be a lab partner, a teaching assistant, the person sitting next to her in class. There's no way to know. At this point we're way past harmless trolling. We're in the realm of felony behavior.

      There is a very long history of men sexually victimizing women. Idiot trolls, such as these, use that knowledge to magnify the hurtful effects of their threats. It demonstrated they were consciously and willingly performing this behavior. Conscious intent plays a huge factor when determining if something is a crime. It clearly was in this case.

      And finally, even if these trolls weren't intending to carry out these threats, one could argue they were acting to recruit others to do it on their behalf. So now the victim has to worry about not one individual, but all individuals.

      I'll tell you this: for those women, that situation was a fucking scary place to be in.

      --
      Camping on quad since 1996.
    3. Re:Total 100% hypocrisy by Detritus · · Score: 1

      We know illegal felonious comments (threats of rape and murder) were allowed to remain posted on the website.

      We know? No, we don't know, you fucking idiot.

      Libel is almost always a civil matter, not criminal. There is no indication that anyone has been charged with any criminal offense.

      It's doubtful that any of the reported remarks would qualify as misdemeanor (second degree) threats under Connecticut law, let alone felony (first degree) threats.

      http://search.cga.state.ct.us/surs/chap952.htm#Sec53a-61aa.htm

      --
      Mea navis aericumbens anguillis abundat
  101. 'nuff said .... by schmu_20mol · · Score: 1

    12 angry men

    --
    "Nae Kin! Nae Quin! Nae laird! Nae master! We willna be fooled again!"
  102. What's So Controversial? by reallocate · · Score: 1

    What's controversial here? People are being held accountable for the things they say. What's wrong with that?

    The ability to attempt to disguise your real identity -- as most of us do here --- in no way absolves us of responsibility.

     

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:What's So Controversial? by peektwice · · Score: 1

      The only true free speech, ignorant or otherwise, comes from anonymity. Anything less won't do.

      --
      Other than this text, there is no discernible information contained in this sig.
    2. Re:What's So Controversial? by gx5000 · · Score: 1

      Oh brother...

      You obviously didn't understand the concept of "Free Speech".

      If you must remain anonymous to use it, it's no longer Free Speech...

      For Speech to be free you must be able to show your Face and name without
      being labeled a pariah ...Anything less won't do..

      Now if you're talking about "In a Real World situation, anynomity is required for..."
      then of course, this isn't a perfect world, then you must also admit that Democracy is a joke...

      I need another coffee :(

      --
      End of Line.
    3. Re:What's So Controversial? by peektwice · · Score: 1

      I believe that yelling fire in a crowded theater should be legal, and being afraid of one's own shadow enough to run in dire panic with no investigation of actual smoke or fire because someone yelled fire should be punishable by burning in a crowded smoke filled theater.

      --
      Other than this text, there is no discernible information contained in this sig.
  103. Just Because You Can Enter a Phony Name... by reallocate · · Score: 1

    But, if you identify the person who posted those remarks, they aren't anonymous. Why should the fact that software allows you to enter a phony name shield you from the legal repercussions of what he wrote?

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:Just Because You Can Enter a Phony Name... by DrLang21 · · Score: 2, Insightful

      It shouldn't. However, I would suggest there are times when society and our good senses should over rule law. You don't sue every person who wanders into your yard for damaging your property (grass/landscaping), nor do you sue everyone who threatens to beat you up. I think if there was more credibility to the accusations of herpes or more of an indication of a real threat, I would sympathize more with this case. Instead, from what is written in TFA this sounds like Encyclopedia Dramatica style trolling. It's best to just let assholes be assholes until they actually do something to harm you. Otherwise you will waste your entire life fighting with assholes.

      --
      I see the glass as full with a FoS of 2.
    2. Re:Just Because You Can Enter a Phony Name... by electrosoccertux · · Score: 1

      I think what you touched on is one of the interesting moments where we see the benefit of a monarchy/dictator over a democracy.
      If you are ruled by a reasonable, moral king, then you never have problems with this sort of thing. He takes one look at the case and laughs the complaint over anonytrolling out of his court. Further, he locks them up for a month to give them time to think about the silliness of what they were requesting.

      The judge, OTOH, is required to follow the law, which can be bent and twisted any number of ways. Chaos ensues, as everyone who can possibly get money from anyone, sues that person; and then they and the lawyers win etc.

    3. Re:Just Because You Can Enter a Phony Name... by agbinfo · · Score: 1

      ... I think if there was more credibility to the accusations of herpes or more of an indication of a real threat, I would sympathize more with this case. Instead, from what is written in TFA ...

      You say you RTFA. Did you read the part about raping and sodomizing? I'm not sure how this is not a threat.

      Otherwise you will waste your entire life fighting with assholes.

      Sometimes creating a precedent stops the assholes before they get a chance to harm. If the court sent a clear message, this could reduce the number of cases to a manageable amount. Not only would this avoid fighting with the assholes it would silence most of them.

    4. Re:Just Because You Can Enter a Phony Name... by DrLang21 · · Score: 1

      It's not a credible threat. It's an anonymous forum troll. Threats from an anonymous forum troll, unless they are persistent and evolving, are not credible. If the threats had wandered out of the forum, or if they had continued with more detail, then I might consider them to be credible. When someone is verbally threatened in person to get their "ass kicked" for saying something someone didn't like or looking at them, people don't typically sue. In fact, the majority of the public would probably look at the victim as pathetic for bothering to sue, even though a non-anonymous in person verbal threat like that would have much more credibility than a forum troll.

      --
      I see the glass as full with a FoS of 2.
    5. Re:Just Because You Can Enter a Phony Name... by Alex+Belits · · Score: 1

      If the court sent a clear message, this could reduce the number of cases to a manageable amount.

      And the message is "You can be sued for ANYTHING". I guess, it may discourage some people from living.

      --
      Contrary to the popular belief, there indeed is no God.
    6. Re:Just Because You Can Enter a Phony Name... by agbinfo · · Score: 1

      And the message is "You can be sued for ANYTHING". I guess, it may discourage some people from living.

      I don't see how not being allowed to threaten to rape somebody is discouraging you from living but maybe that's just me.

      I do realize that there are just too many frivolous lawsuits. I live in Quebec and there are far less, I think, than in the USA but let's consider the alternatives.

      • No more speeding tickets because people may go to court to fight it;
      • No more zonage regulation to avoid litigation;
      • No more anti-monopoly regulation
      • No more laws that are considered benign to reduce lawsuits.

      Passing a message doesn't mean "send the culprits to jail for 6 months." It just means make a quick judgment of guilty (it shouldn't take years), make them pay the court costs plus some additional penalty for defamation and threats plus maybe 1 or 2 day community service cleaning up graffiti.

    7. Re:Just Because You Can Enter a Phony Name... by Alex+Belits · · Score: 1

      1. Administrator of the board was sued despite not being involved in any trolling. There was no justifiable reason -- good or bad -- to sue him.

      2. Anonymous postings on the Internet have no credibility unless they mention verifiable facts -- and then the facts matter, not the postings. In this case there was absolutely no reason to expect that flamewar on the board in any way translated to a credible threat. The matter was trivial, not worth a lawsuit, not worth trouble and expenses inflicted on those people.

      3. The only thing this did to the reputation of the original "victim" is to confirm that she is in fact what is commonly described as a bitch. What apparently didn't affect her career in any negative way considering that she got a well-paid job at a law firm.

      --
      Contrary to the popular belief, there indeed is no God.
    8. Re:Just Because You Can Enter a Phony Name... by agbinfo · · Score: 1

      1. Administrator of the board was sued despite not being involved in any trolling. There was no justifiable reason -- good or bad -- to sue him.

      I don't know why you bring this up. Making the mistake of suing the owner of the board doesn't make their other lawsuits - the one about threats of rape and sodomy - frivolous. Are you trying to setup a straw man or did you simply not understand my position?

      2. Anonymous postings on the Internet have no credibility unless they mention verifiable facts -- and then the facts matter, not the postings. In this case there was absolutely no reason to expect that flamewar on the board in any way translated to a credible threat. The matter was trivial, not worth a lawsuit, not worth trouble and expenses inflicted on those people.

      That's your opinion and I mostly agree that the threat was not credible. Still, there's no way for the "victims" to know for sure until they investigate.

      3. The only thing this did to the reputation of the original "victim" is to confirm that she is in fact what is commonly described as a bitch. What apparently didn't affect her career in any negative way considering that she got a well-paid job at a law firm.

      And all I'm suggesting is that if you start threatening people with violence that you should face the consequences. Anonymity doesn't make it less of a threat. If I dressed in white and wore a hood so that I couldn't be recognized, would that make my threats less credible?

  104. Then, Allow Me To Comment on Your Resume... by reallocate · · Score: 1

    Nuts. Speech has more impact than any other behavior. If you disagree, let me send email to the next person who's looking at your resume

    --
    -- Slashdot: When Public Access TV Says "No"
  105. Actually, no.... by raehl · · Score: 2, Interesting

    Actually, yes, freedom of speech DOES and always has meant freedom from consequences.

    Freedom of speech means freedom from consequences when such speech does not infringe on other rights.

    For example, your right to freedom of speech is trumped by my right to think you're an asshole.

    Your right to freedom of speech is trumped by my right to not get killed in a stampede of people fleeing a theater because you yell 'Fire!'

    Your right to freedom of speech is trumped by my right to not have knowingly false statements maliciously spread about me, especially if those statements cause permanent harm to my reputation/income/etc.

    Your right to freedom of speech does not extend to telling the Chinese state secrets.

    But, your right to freedom of speech apparently DOES allow you to trump my right to freedom of speech as long as you spend more money speaking than I do.

  106. Re:Better yet, don't get drunk and naked at partie by dangitman · · Score: 1

    How does being drunk and naked at a PARTY reflect badly on somebody? Somebody who has never done that looks worse in my eyes.

    --
    ... and then they built the supercollider.
  107. IP != Person by cdrguru · · Score: 1

    So you find an IP address. The RIAA would just love it if somehow it were possible to conclusively prove a connection to an individual. It isn't. So I don't see how it is possible to connect anyone with an action "on the Internet".

    Yes, this means that pretty much you can do, say or publish anything you want without any consequences, as long as it is on the Internet and you don't go bragging about it. Just about all of the hackers/crackers/script kiddies that have been caught were caught because of bragging. The few real RIAA victories have been because a tracable email address was connected with uploading music files to others.

  108. After investigation, disregard ALL my opinions by alexborges · · Score: 1

    I HATE TO DO THIS:

    I managed to find the whole legal document this girls sent.

    I still think its stupid, but I also think that, hey, if you explicitly threaten to RAPE someone (and yes, the girls do acuse a couple of ACs of it and yes, they did post explicitly that), then youre open to be law-fucked all over.

    I appologize to anyone that might have felt offended by my initial knee-jerk reaction.

    --
    NO SIG
  109. I REPENT by alexborges · · Score: 1

    After going beyond the wired article, I withraw my initial position of this being a free speech thing.

    They DO DESERVE to be exposed.

    They actually DID threaten to rape with her FULL name.

    Now that deserves some serious spanking.

    --
    NO SIG
  110. The Constituion: A Living Document by drew30319 · · Score: 2, Interesting

    Okay. First of all, you realize that the Bill of Rights is actually the first ten amendments, right? The fact that there even are amendments should be enough to show that nothing in the Constitution is absolute!

    Actually, the Constitution is considered a "living document." There are some that believe the Constitution to be enduring (Scalia being an example), but they are in the distinct minority. And even those extreme cases accept the use of amendments.

    You may disagree with the unmasking of the punks that trashed these young women, but to deny that Freedom of Speech is not absolute is a bit odd. :-)

    Oliver Wendell Holmes' quote about "yelling fire in crowded theater" is the most common example of why these rights are not absolute, and rightfully so.

    --
    JAGga.me ----> Producing video games addressing emotional health and wellness issues affecting teens.
    1. Re:The Constituion: A Living Document by peter318200 · · Score: 1

      "Oliver Wendell Holmes' quote about "yelling fire in crowded theater" is the most common example of why these rights are not absolute, and rightfully so." well perhaps, this qoute was used to suppress objections to Americans being conscripted to fight in Europe during the first world war. The use of this qoute is perhaps the best reason why these rights SHOULD be absolute.

      --
      boldly going nowhere
  111. Re:Supid girls by protohiro1 · · Score: 1

    The police are not involved in this case. This is a civil case, not a criminal case. There is a huge difference, you see, you have the FREEDOM to say what ever you want. And I have the freedom to sue you for it. Welcome to america!

    --
    Sig removed because it was obnoxious
  112. Not a free speech issue? by arstchnca · · Score: 1
    You say

    This is not a free speech issue [...]

    and yet claim

    [they] made [...] comments [...]

    I think you need to get your story straight. Oh, and those comments would be tolerated in other settings, and you saying otherwise is meaningless.

    --
    -- arstchnca
    --
  113. Re:You can't harrass women online or anywhere else by Duradin · · Score: 1

    Fortunately a man called Samuel Colt made it so that one's defense no longer relies entirely on physical strength.

    You really need to read up on some WWII history if you think the reason Okinawa turned out the way it did was because the locals were trying to karate chop soldiers, especially considering the locals (Okinawans) weren't entirely happy with the Japanese pinning them between the proverbial rock and a hard place of the Japanese and American forces and their poor treatment by the Imperial forces.

  114. What do you have to fear? by Keeper+Of+Keys · · Score: 1

    I take it that you posted this AC because you don't agree. It's interesting that you mention employers and the state - groups who have disproportionate power over us. If we ever have an equal society, we won't need anonymity; the consequences for our actions will be precisely as they should be: eg people who behave loutishly may be shunned, but not condemned to poverty.

  115. Trolls by foxx1337 · · Score: 1

    Yea, vanquish all the trolls! (hope I'm not modded troll)

  116. At the bottom by jandersen · · Score: 1

    The fundamental issue at the very bottom of this mire that is internet trolling and harrassment is not whether to protect the privacy of citizens or whether freedom of speech is more or less important than anything else. Instead it is one about basic human behaviour - what one could call 'secular moral'. This is things like trustworthyness, reliability and a certain measure of willingness to fit into society.

    In the case of trolling I think we are seeing important principles, like freedom of speech and right to privacy, being abused to take away people's right to assemble peacefully. So, is the privacy and freedom of speech of a single bully more important than the rights of many to go about their legal business?

  117. It's called assault by wisty · · Score: 1

    In some jurisdictions, a threat to cause physical harm is considered assault. It's not about free speech, it's not even about the right to slander (which is not legal, though some free speech advocates may wish it were), threats are an act of violence. If somebody threatens to physically harm you, and those threats are creditable, it's not psychologically very different to actually being harmed.

  118. Re:You can't harrass women online or anywhere else by Kajukenbo · · Score: 1

    You changing the subject and altering history a bit doesn't change the facts.
    Women (and men) are responsible for their own defense.
    That was my "thesis" and if you don't like it then that is fine but that doesn't automatically make it wrong.

    I used martial arts and bodybuilding as an example that women can be equal to men and you changed the subject.
    Your appeal to patriotism was pointless.

    If you want to play with the statistics then I'll give all 100 women (on the island of yours) handguns and tell them it is ok to kill any man who makes them feel threatened and make sure they are mentally equipped to do so.
    Now what do you do to change the subject or odds? We can do this all day. In fact, I often do.
    It is my job.

    Your idea of what happened in Okinawa is mistaken as well. Look into it more before you make more references to "cartoon ninjas". I'm talking about reality, not fantasy, here.

    The nature of your comments seem to make a case that you've never been exposed to real violence.
    The "20 years younger" comment leads me to believe you haven't been in any of the wars (real or fabricated) that we've had either.

    For the record: I *have* had a buddy blown in half in a Humvee. Fortunately I also had some make it home as well.
    I'm talking from experience. Where are you talking from?

    --
    assertion: a positive statement, usually made without an attempt at furnishing evidence
  119. Bullshit by sm62704 · · Score: 1

    The internet CAN be used for serious purposes, but it can also be used for less serious purposes. The internet is like a baseball bat; you can play games with it, or use it to bash someone with.

    From TFA: "Women named Jill and Hillary should be raped."

    I'm wondering under what law anybody could be prosecuted for that? Yes, it's beneath contempt, but it's also protected speech. If my bank pisses me off and I say it should be robbed, I should be prosecuted? And if there was no prosecution, why should the trolls' victims be allowed to unmask them?

    If I was the pathetic asshole who posted the offending phrase, I'd counter sue for invasion of privacy. I would have posted this anonymously just for effect, but I don't want to wait a "slow down cowboy" hour.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  120. Re:Supid girls by thedistrict · · Score: 1

    Yeah, this was an attack of this guy personally. That can be pretty damaging stuff for a person to have happen to them and it's not right for people to just mindlessly attack other peoplelike that.

  121. Re:Things have gotten out of hand by gx5000 · · Score: 1

    No more morality, no more sense than that?
    And we expect you guys to become respectful lawyers?

    Burn anyone down who, under the veil of anonymity, commits foul acts!
    It's the old "You can get away with it because only you and the lord can see you doing it" crap....
    I don't know these women, they might not be very kind individuals, but trolls must be put down.

    But this is being brought beyond the realm of reality....
    Stop the anon postings, period.
    Want to post? Register...false info given? Banned. Finito.

    But I understand that we have to overcomplicated this to encourage job creation...
    For the same profession that it's about (The courts and lawyers)....

    These Trolls are the same guys that would have their careers cut short from a bar fight
    or hitting a traffic cop...So I don't care about their "investment" in education...
    They're jerks....

    Don't do the deed unless you're ready to face the music cowards!

    Peace out.

    --
    End of Line.
  122. B.S. founding fathers anonymous broaddsides by mrraven · · Score: 1

    The Federalist and anti-Federalist papers were originally anonymous broadsides and newspaper articles. Sometimes the ONLY way to express a controversial opinion in a closed society is anonymously. Considering the con-gress just eviscerated the searches must have individual warrants clause of the 4th amendment I think the U.S. is increasingly becoming a closed society. This is just another example IMO of our rights being stripped from us right before our very eyes.

    And no INAL, but I think any reasonably intelligent person can parse words well enough to engage with laws and in fact ought to if "democracy" is to mean anything at all.

    --
    Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
    1. Re:B.S. founding fathers anonymous broaddsides by tha_mink · · Score: 1

      So you're comparing the Federalist papers to an internet troll now?

      --
      You'll have that sometimes...
    2. Re:B.S. founding fathers anonymous broaddsides by mrraven · · Score: 1

      Yes speech laws ought not to be content based. Once there is a basis for unmasking "trolls" valuable anonymous political speech becomes more endangered too. After all if a couple of law students can become motivated to do this, think how much motivated and how many more resources a government that felt threatened would have to unmask someone. And how much easier it would be for them with the precedence of unmasking "trolls."

      Really this is all basic civics. Do they even teach civics classes anymore because I find increasingly widespread ignorance of what our Constitution really means.

      --
      Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
    3. Re:B.S. founding fathers anonymous broaddsides by tha_mink · · Score: 1

      Really this is all basic civics. Do they even teach civics classes anymore because I find increasingly widespread ignorance of what our Constitution really means.

      Don't try and act like this is a hard and fast issue with a clear right and wrong side and anyone who doesn't see eye to eye with you is ignorant. Protected speech ceases to be protected when it violates the law, which is what this discussion is about.

      --
      You'll have that sometimes...
    4. Re:B.S. founding fathers anonymous broaddsides by mrraven · · Score: 1, Insightful

      First they came for the trolls and I was not a troll so I said nothing...

      --
      Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
    5. Re:B.S. founding fathers anonymous broaddsides by tha_mink · · Score: 1

      First they came for the trolls and I was not a troll so I said nothing...

      And at last, Godwin's law.

      --
      You'll have that sometimes...
    6. Re:B.S. founding fathers anonymous broaddsides by mrraven · · Score: 1

      I see your Godwin's and raise you an ad hominem attack upon my person. The ball is in your court sir...

      --
      Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
  123. Federalist papers 100% anonymous by mrraven · · Score: 1

    Tell that to the founding fathers who wrote the Federalist, and anti Federalist papers in a 100% anonymous fashion.

    "The tradition of anonymous speech is older than the United States. Founders Alexander Hamilton, James Madison, and John Jay wrote the Federalist Papers under the pseudonym "Publius," and "the Federal Farmer" spoke up in rebuttal. The US Supreme Court has repeatedly recognized rights to speak anonymously derived from the First Amendment.

    The right to anonymous speech is also protected well beyond the printed page. Thus, in 2002, the Supreme Court struck down a law requiring proselytizers to register their true names with the Mayor's office before going door-to-door.

    These long-standing rights to anonymity and the protections it affords are critically important for the Internet. As the Supreme Court has recognized, the Internet offers a new and powerful democratic forum in which anyone can become a "pamphleteer" or "a town crier with a voice that resonates farther than it could from any soapbox."

    http://www.eff.org/issues/anonymity

    See also:

    http://findarticles.com/p/articles/mi_m1568/is_n11_v26/ai_16763603

    --
    Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
  124. What you miss. by tjstork · · Score: 1

    I didn't change the subject at all. You've lost the point. You argue that equality is based on physical strength and it isn't. So, in your mind, you have to conjure up some arbitrary list of ways that women can be the same and they aren't. Celebrate that women are different. Pretending everybody is the same is not necessary because you don't need to be the same to be =equal=. Equality is a spiritual thing, it's about us having souls and being possessed of some shred of free will. And you've completely lost the point.

    If you want to play with the statistics then I'll give all 100 women (on the island of yours) handguns and tell them it is ok to kill any man who makes them feel threatened and make sure they are mentally equipped to do so.

    Again you lose the point that women need to be defended by men, from men. There needs to men that police men, and protects them from other men. If you can't recognize that basic need then, I can't help you. But, if you say that women do not need to be protected, then I'd say that's great because as a rule, I agree with you on self defense being a personal responsibility and to that end I think police are not capable of "protecting and defending" and at all and I question the need to pay for something that cannot do what it says.

    The "20 years younger" comment leads me to believe you haven't been in any of the wars (real or fabricated) that we've had either.

    No, I haven't. There weren't any long wars when I was younger so I didn't see a point in enlisting. I grew up during the Cold War anyway, so if there was going to be a war, civilians would wind up getting killed in droves from nukes and other stuff.

    Your idea of what happened in Okinawa is mistaken as well. Look into it more before you make more references to "cartoon ninjas". I'm talking about reality, not fantasy, here.

    My point is that the entire martial arts and ultimate fighting and wrestling is a fantasy. You have all of these people being prepared for entirely the wrong kind of conflicts. You said it yourself... the easiest way to be prepared is to know how to use a handgun.

    But with respect to the "warrior" spirit...In a knock down drag out war, ultimate fighting, martial arts...those things don't matter in a world where rifles are accurate, artillery is accurate, bombs do not miss, and the radioactive radius of a single 10MT bomb. Fortunately, the USA has been very fortunate to not have to fight a power that has the same sort of weapons that we do. But, there will be a time, if we are not educating geeks such as myself to stay ahead, when our soldiers will be on the receiving end of cluster bomb drops, JDAM munitions and everything else science has given to the fighting man... and, they will be shooting back at robots in the sky that can be massed produced.

    If we took all of these martial arts and fighting things, and replaced them all with calculus, we'd be a lot farther ahead of the game. Math is useful. Karate is not.

    And yeah, you could kick my ass, for sure, but I'd still be right.

    --
    This is my sig.
  125. Really? by gaijin99 · · Score: 2, Insightful

    Let's see if I can follow your logic here. Pseudo-Anonymous people on a blog post photos, home address, email addresses, telephone numbers, and full legal names, of women accompanied by death threats and rape threats. That's perfectly ok.

    The women seek to have the identities of the people who posted their identities revealed, that's horrible and makes them asswipes?

    Can you explain where you're coming from here, because honestly I'm not following you. Why is it ok for the "let's rape the bitches" crowd to post the names and other personal information of the women, but it isn't ok for us to know the identities of the people doing the posting?

    --
    "Mission Accomplished" -- George W. Bush May 1, 2003
    1. Re:Really? by DrLang21 · · Score: 1

      Where does the article say anything about posting photos, addresses, telephone numbers, etc? That could be interpreted as real harrasment (in a legal sense). But I don't see where any of that happen.

      --
      I see the glass as full with a FoS of 2.
    2. Re:Really? by gaijin99 · · Score: 1

      Badly written article then.

      The entire issue was that the people at AutoAdmit had a strict policy of anonymity for their posters, and those posters used that anonymity to post photos, full names, phone numbers, etc accompanies by rape threats. They wanted anonymity for themselves while exposing their victims personal data, which seems a bit hypocritical you know?

      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
    3. Re:Really? by Dan541 · · Score: 1

      You haven't quite gotten the logic.

      Free-Speech cannot exist without anonymity or at least the option of anonymity,
      these women are seeking to remove that anonymity simply because they do not like what was said about them, this can set a precedent for the future.

      Anonymity is to important to allow these women to destroy it for their own needs.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    4. Re:Really? by gaijin99 · · Score: 1

      Ummmm.... Nope, still not following. Person A completely wipes out any trace of anonymity for person B by posting their personal data online, accompanied by photos, stalker level details of schedules, and threats of violence. Note that *self*evidently* person A has no respect for the concept of anonymity because they've posted all the personal data they can get on person B.

      It isn't a violation of free speech to retaliate by exposing person A's actual name. He's free to say whatever he wants, that's free speech. You want him to be free to post rape and death threats (a crime), accompanied by the violation of person B's anonymity (which you claim to worship) without anyone knowing what an asshole he is. That isn't free speech.

      If anonymity is so all important in your world, why aren't you outraged that the people on AutoAdmit posted personal information about the women?

      Your right to swing ends where my nose begins, right? Well, your right to be anonymous ends where violating anyone else's anonymity begins.

      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
    5. Re:Really? by Dan541 · · Score: 1

      I do not agree with what the troll did, but neither are the women correct in the pursuit to eliminate anonymity.

      The actions of the troll only affected the victims wereas the action of these women could affect us all.

      Secondly, I havn't seen these womens real names pop up anywhere they seem pretty anonymous to me.
      I did do a few google searches and was unsucsessful.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    6. Re:Really? by gaijin99 · · Score: 1

      You appear to have the fixed, an unjustified, idea that anonymity is a) a civil right, and b) essential for free speech. In a truly fascist state, such as the People's Republic of China, the idea that anonymity is essential for free political speech does appear to be correct.

      However we aren't talking about political speech, and you seem to have confused "free speech" with "free from consequences speech". Actions have consequences, that's part of reality and all the wishing in the world won't make it different, nor should it be different. If a person chooses to be a complete asshole who thinks its funny to post personal information and rape/death threats about women online that is his right; free speech. What isn't his right is to do so in a vacuum, with no interaction between his actions and the real world. Law firms might, as is their right, choose not to employ such a person on the grounds that he is obnoxious and might cost them business.

      Free speech != free from consequences speech. Your words define you, and people can choose to respond to your words. Maybe your words hurt you, in which case the fault lies with you and your words not with those who link you to your words.

      Again, this argument necessarially fails in places (such as China, Korea or Saudi Arabia) where the government may execute, or imprison a person for certain words. The USA, however is not such a place, and the fact that certain political speech in one place is dangerous does not imply that non-political speech in other places must be treated in the same way.

      That anonymity is essential to some sorts of speech in some areas does not make it essential to all speech in all areas.

      And, finally, we come back again to the issue of your, and their, hypocrisy. They ripped away any anonymity that the women had, yet you insist that the women must respect the anonymity of those who denied it to them. If, as you say, it was fine for the women to be exposed, sans anonymity, to the world, why shouldn't they respond similarly? You seem to be demanding a double standard here.

      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
  126. Grateful for your service. by tjstork · · Score: 1

    For the record: I *have* had a buddy blown in half in a Humvee. Fortunately I also had some make it home as well.
    I'm talking from experience. Where are you talking from?

    By the way, even though I disagree with you as to the linking between equality from physical fighting prowess, I am grateful for your service. I'm an old geeky man that can't hardly see and has slow reflexes, but yes, if I were younger and Iraq were there, I would go, if I could, not for the flag or anything stupid like that, but because, there are too many good people over there in Iraq and it seems to me that this country has hung them out to dry. It's like, you see an old lady lost in the city, and you help her. You see somebody trying to move a thing, and you help them, and you see your country is sending a lot of good people over to fight a war, and I'd think, jeez, that in some way you would want to join them and help them. It's not about the cause of freedom or george bush and from the vets I know, unit cohesion is way more about just keeping your buddies alive than it is about cheering on the red white and blue.

    But as you come back from that, you need to remember that freedom and equality comes from the idea that we each have souls. It doesn't matter if a woman is as strong as a man or even if people have the same utility. A man in a wheelchair has just as much equality as someone who can bench 500lbs and run a 5 minute mile. Race, sex, all of the human markings we create to label and create people with is entirely outside of what equality is. Equality is to say that we are all judged by someone some day, which I call God, and that, we have freedom in our lives in recognition of the idea that we be held to answer for our lives to some higher power.

    I could babble on endlessly, but do read the 2nd paragraph of the Declaration of Independence. Jefferson said it best:

    "We hold these truths to be self evident. We are endowed by the creator with certain inalienable rights, that among them are life, liberty and the pursuit of happiness."

    Get it? You don't have to have people be of the same physical or even mental skill or -any- human unit of measurement to be equal. It's God's call, not yours, and not mine. All you can do is measure people by their utility to some particular task. So, you can say that women are equal to men, and men can be stronger than women, and, actually women have better stamina. It might be the case that women make better fighter pilots because they are physiologically more adept at dealing with g-forces and they weigh less on average, and it might be the case that men might make better infantry because they are bigger and can probably carry more stuff on average, but, it doesn't mean that men and women are not equal.

    --
    This is my sig.
  127. Re:The problem is hate speech changes by mollymoo · · Score: 1

    Calling for the rape of two women is hateful. There is no gray area here. There's nothing sacred about this "speech" that deserves to be protected, nor do the authors deserve any protection. Racism, sexism, homophobia and other forms of oppression need to be rooted out of society.

    Yes, and let's not forget mocking basket weavers and people whose occupations include making plastic key lanyards and those short people who play huge basses and women who don't apply their lipstick tastefully and people with bad haircuts and, and ....

    You can choose whether to be a basket weaver, make plastic key lanyards, play the bass or apply lipstick. You can't choose your race, gender or sexuality.

    --
    Chernobyl 'not a wildlife haven' - BBC News
  128. Law professor's ideas about suing innocent people: by Alex+Belits · · Score: 1

    Solove is not nearly as sympathetic.

    "Part of reason people were so upset with Anthony Ciolli was that they believe he stuck to his guns and defended things on free speech grounds," Solove says. "People want to see some sort of contriteness."

    In the fantasy world of this guy "people are upset" because sued person is some kind of sympathetic hero, AND NOT BECAUSE HE WAS NOT INVOLVED IN ANY RELEVANT WRONGDOING, SO ATTACKING HIM IS FUNDAMENTALLY WRONG. I am truly impressed with the amount of twisting the facts in a single sentence. He teaches future lawyers -- no wonder those lawyers then proceed to troll message boards for lawsuit material.

    --
    Contrary to the popular belief, there indeed is no God.
  129. Re:Not disagreeing, but... by Abcd1234 · · Score: 1

    Yeah, I think it's clear that the (effective) statement "I'm going to rape you" goes beyond just "feeling" threatened...