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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."

18 of 668 comments (clear)

  1. :x by cushdan · · Score: 5, Funny

    I don't feel comfortable posting a comment.

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

      You should have posted as Anonymous Coward.

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  2. 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.

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    2. 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.

    3. 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.

    4. 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

    5. 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.

  3. Re:Internets... by $RANDOMLUSER · · Score: 5, Funny

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

    --
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  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.

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  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.

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  6. 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.

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  7. 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.

  8. 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.

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  9. 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.

  10. 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.

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  11. 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.

  12. 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.