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The CDA Is Dead, But States Are Trying To Revive It
oliphaunt writes "This week at The Legality, Tracy Frazier has an article discussing the damage that can be done by anonymous online comments. While regulars here are familiar with infamous bits of Net censorship like the Fishman Affidavit fiasco, and everyone has been an anonymous coward at least once or twice, some of you may not know about the conflict between Heide Iravani and AutoAdmit.com. Heide eventually filed a lawsuit because the first result for a Google search on her name brought up anonymous comments on AutoAdmit that accused her of carrying an STD and sleeping her way to the top of her class. The Communications Decency Act was supposed to prevent this kind of thing, but an injunction prevented it from ever being enforced and eventually the Supreme Court killed it. Should the law be changed?" The article links to a proposal from last summer in the New Jersey legislature that would institute a DMCA-like takedown regime for allegedly defamatory content posted on a Web site, and would allow aggrieved parties to demand the identity of anonymous posters without a subpoena. No indication of how that proposal fared. Also linked is a recent North Carolina proposal that would criminalize the act of defaming someone using an electronic medium. This proposal shields Web sites from liability and explicitly does not apply to anonymous speech.
Defamation should be a civil matter.
If people know that "bad" comments are taken off the Internet, and the Government is there to protect us, then the Government is giving weight to everything that's out there. Unfortunately, the Government can't take down every bad thing out there. Net result is that the effort to protect people just makes things worse. As long as the Government keeps its hands off, and people understand that there is no Thought Police on the Internet, then they will be dismissive of most unsubstantiated anonymous claims, and they can cause no harm. Legislators, please take the day off on this one. Everybody will be better off.
... for "allegedly" anything. They should be able to prove their case in court, or STFU.
While the current situation is not quite "prior restraint", it DOES have a chilling effect on free speech, in that speech can be censored by merely alleging that it is infringing something. That is wrong, plain and simple.
Doing this only legitimizes anonymous comments. People should be made aware that when someone says something online that does NOT mean it is true. So called "defamatory" speech should never be criminalized anyhow. At worse, it is a civil wrong.
Pretty much all online speech is anonymous. That which is not and involves a person saying something about another, they will already take down the offending content if they are made aware they are going to be sued and do not believe they can substantiate (i.e., defend) their comment because civil law does apply. So no new law is needed. These kinds of laws only help incompetent rich people anyways. They protect the aristocracy (mis)using the government's resources to keep their "reputations" clean. See countries outside the United States for example.
The problem is the accusation of illegal content instead of proving to a court first that it is illegal.
Like pjt33 said, it should be a civil matter.
I didn't realise Heide Iravani might have had an STD until she fought so hard to stop people talking about it.
Yes, but prior to this Slashdot story, you didn't even know Heide's name. On the other hand, current and possible future employers might do a Google search and find this, and well as potential love interests. Posts like the ones that Heide is upset about may not bother typical Slashdotters, but we have very thick skin here. Heide should be able to this type of harassment, as it significantly impacts her life.
If you want news from today, you have to come back tomorrow.
There is this concept called considering the source. If the poster is anonymous and makes claims without backing them up, then a person would have to be an idiot to ascribe any weight to them. Case closed.
Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
Let me correct a few misconceptions in the underlying article and the post. 1. The CDA isn't dead; it's alive and well and thriving. Only 2 constitutionally repugnant sections were struck down by the US Supreme Court. 2. They were struck down in 1997, not in 2007. 3. Communication on the internet is not the "wild west"; it is subject to the same laws as the rest of the world. If someone libels someone, they are held liable under the same principals. An anonymous libel is easier to trace on the internet than it would be in the brick and mortar world. 4. The suggestion that 'online slander' is an 'epidemic' is pure hype.
Ray Beckerman +5 Insightful
How can you have a "class" of capitalists when everyone is able to own property ?
It's possible if only members of the upper class have a reasonable chance of bootstrapping themselves into owning enough property to get anything done.
The only way that you can have slavery, even wage slavery, is when there is a presence of force. In modern times that force is almost always the government.
Unless the upper class applies force through said government. This is called rent seeking and regulatory capture.
If you didn't get a job because your boss believes some bulls*** on the internet, then you don't want to work there.