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$74k Judgment Against Craigslist Prankster

jamie points out an update in the case of Jason Fortuny, the Craigslist prankster who was sued last year for publicly posting responses to a fake personal ad. The Citizen Media Law Project's summary of his case now includes a recently entered default judgment (PDF), fining Fortuny "... in the amount of $35,001.00 in statutory damages for Count I, violation of the Copyright Act; $5,000 in compensatory damages for Count II, Public Disclosure of Private Facts, and Count III, Intrusion Upon Seclusion." He has also been ordered to pay more than $34,000 in attorney and court fees.

24 of 182 comments (clear)

  1. WHat?!?!? by cayenne8 · · Score: 3, Funny
    "$5,000 in compensatory damages for Count II, Public Disclosure of Private Facts, and Count III, Intrusion Upon Seclusion."

    These are actually real laws?!?!?

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    1. Re:WHat?!?!? by Anonymous Coward · · Score: 5, Funny

      "$5,000 in compensatory damages for Count II, Public Disclosure of Private Facts, and Count III, Intrusion Upon Seclusion."

      These are actually real laws?!?!?

      Yes. In fact you are not allowed to disclose publicly that your girlfriend has clamps even if half of the town knows this anyways.

      There was a highest court decision in 1912 in Felderman vs. Proppenheimer, the so called "smelly labia" case (today it's called the "fishoil" case for PC reasons).

    2. Re:WHat?!?!? by Anonymous Coward · · Score: 3, Informative
    3. Re:WHat?!?!? by Anonymous Coward · · Score: 5, Informative

      Public Disclosure of Private Facts

      Publication of non-newsworthy, private facts about an individual that would be highly offensive to a reasonable person (true defamation)(so intimate that outrage the public's sense of decency).

      Intrusion Upon Seclusion

      One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.

      I buy it. The guy posts a personal ad, then publicly posts the responses he gets. The responders had a reasonable expectation of privacy and it was violated in a most offensive manner. Seems like a lot of money, but maybe it will teach this douchebag a lesson.

    4. Re:WHat?!?!? by Nick+Ives · · Score: 4, Informative

      Yes, and rightfully so. A little Googling:

      http://www.firstamendmentcenter.org/Press/faqs.aspx?id=14038&

      Generally, the material published must be private information that "is not of legitimate concern to the public." Its disclosure must also be "highly offensive to a reasonable person." ... The pressing question in public disclosure of private-facts cases is whether the information is newsworthy or of legitimate concern to the public. ... "The right to privacy does not prohibit any publication of matter which is of public or general interest."

      http://epic.org/privacy/boyer/

      Intrusion Upon Seclusion. Intrusion upon seclusion occurs where there is an invasion, through conduct offensive to an ordinary person, of an individual's information in which she has a "reasonable expectation of privacy." Amy Boyer's estate argues that she had a reasonable expectation of privacy in her address and social security number, and that Docusearch's action in indiscriminately releasing this information was reasonably offensive.

      So basically private information of yours that nobody has any right to should never be published openly unless you can show a public interest angle. That's totally reasonable in my book.

      --
      Nick
    5. Re:WHat?!?!? by mikael · · Score: 4, Insightful

      When these laws were passed, their may not have been any internet, web sites or forums, but there were newspapers, notice boards, newsletters, circulars and mailing lists, and telegraphs. An individual-to-individual communication is expected to remain exactly that, unless the person sending the information gives permission for the information to be made public.

      http://en.wikipedia.org/wiki/Violation_of_privacy

      --
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    6. Re:WHat?!?!? by Anonymous Coward · · Score: 5, Funny

      TO THE ATTENTION OF YOUR SILICITOR

      Good day sirs. I hope that I find you well. I am Mr. GAMBO ADAMS. I am the one that contacted you from NIGERIA in the business of wishing to transfer you your country a fund of $30,000,000 ( THIRTY MILLION US DOLLARS), for which I was willing to alow you with a 20% transfer fee $1,500, 000 (ONE POINT 5 MILLION US DOLLARS). You reasponded with a promise to complete this transaction. But you only promised and promised for months and months! I did everything you asked, including of the pictures of me holding a sign with sayings on it. I have since realized you are a SPAM BATER! Also you have put all of our PRIVATE AND CONFIDENTIAL communication on your webs site.

      I am conacting you now on behalf of my silicitor that I will be courting you on VIOLATION OF THE COPYRIGHT ACT, PUBLIC DISCLOSURE OF PRIVATE FACTS and INTRUSION UPON SECLUSION in the US courts, and searching for damages in the amount of $35,001.00 (THIRTY FIVE THOUSAND AND ONE US DOLLARS) and courst fees. Against the adversity of my silictor I am willing to settle in the amount of only $10,001.00 (TEN THOUSAND AND ONE USE DOLLARS) if you contact me IMIEDIATELY to deposit the amount in my account #3200-20032-20002 in the BANK OF NIGERIA. If you aggree to my generous proposal, please reply promptly.

      Yours in friendship,

      Mr. GAMBO ADAMS

    7. Re:WHat?!?!? by 2short · · Score: 3, Insightful

      Sounds pretty open and shut. Any idea why dozens of judges have consistently disagreed over the course of two centuries?

      Hint: Freedom of speech doesn't mean you can't be sued for what you say after the fact. One reason for you to get sued is if what you said was false, but that's not the only one.

  2. Thank goodness by upto0013 · · Score: 5, Funny

    Now I can send my naked pictures with no fear...

  3. Pay attention, kids by localroger · · Score: 5, Insightful

    This is exactly what I thought would happen, a large civil judgement, as I predicted in the original linked /. thread. Repeat after me: I do not own the content of letters I receive.. Letters you are sent are exactly like books you buy; you can keep them forever and read them all you want and even loan them to your friends, but you cannot publish them. This is an entirely non-controversial no-brainer in legal circles, no matter how silly you think it is, and it's why the guy got slammed. The extra helping of privacy violation is just icing on the copyright cake, and of course he gets the bill for feeding the lawyers too.

    --
    Brackets contain world's first nanosig, highly magnified:[.]
    1. Re:Pay attention, kids by toetagger · · Score: 5, Interesting

      Good point, but where is the boundary between "sharing with your friends" and "publishing" these days? If I post those comments on Facebook, and allow everyone to see my profile, its publishing, but when I only share them with my friends, its OK? What if I let everyone in my network see it? Frankly, I'm almost a bit scared to "publish" something I don't own inadvertently...

  4. No show == guilty? by burnin1965 · · Score: 5, Insightful

    Correct me if I'm wrong, but it was a Default Judgement, which means the plaintiff did not show. That is why he lost, not because there was a thorough review of the matter at hand.

    Somehow I doubt this will be valid as a precedent in future lawsuits.

    1. Re:No show == guilty? by pete-classic · · Score: 4, Informative

      It sounds like it was the defendant who didn't show.

      It also sounds like it was a civil trial, which doesn't go to a question of guilt, but of responsibility for damages.

      But I only read the summary, so who knows?

      -Peter

    2. Re:No show == guilty? by hob42 · · Score: 4, Informative

      Yeah, the initial default judgement was entered in November.

      Status hearing held. Oral motion by Plaintiff's counsel for entry of default as to defendant is granted. It is hereby ordered that default is entered against Defendant, Jason Fortuny for failure appear or answer. Damages hearing is set for 1/7/2009 at 9:30AM.

      A motion to dismiss was filed with the court in December, that was dated as written in October, but it was already too late by then. He didn't show up to the damages hearing either, thus the plaintiff got everything they asked for.

      Lesson to be learned: If you have a court date, SHOW UP.

    3. Re:No show == guilty? by debrain · · Score: 4, Informative

      Default judgment occurs when a defendant fails to deliver some statement of defence (which procedurally occurs quite some time prior to trial, over the usual course). Failure to show for trial is a delinquency further to a failure to defend. In many jurisdictions you don't even have to give notice of a pending trial to a defendant noted in default.

      As a construction (fiction) of law, a defendant noted in default is deemed to have admitted everything in the plaintiff's claim.

      While it varies from jurisdiction to jurisdiction, there is a general rule that if a defendant can show (1) that he didn't have notice, and (2) that he has a plausible defence on the merits, the default judgment may be set aside. The setting aside of default judgment may not result in rescission of the Judge's decision on costs (which are compensation for legal fees incurred), though that may depend on the manner and effectiveness of the notice of the plaintiff's claim.

      When a plaintiff fails to participate properly the claim may be deemed abandoned.

      YMMV by jurisdiction.

  5. Good by DavidR1991 · · Score: 4, Insightful

    Because the guy went entirely too far. If he had posted anonymous copies of comments they had sent etc then it probably would have been tolerable as an 'experiment'. However, he posted photos, names, emails etc. - which is fairly brutal when shared on the net

    On the over hand though, regardless of the false pretense, these people gave their data to him, and took a calculated risk as to whether the ad was genuine or not. It's not as if the data was stolen or anything. So it's a bit iffy, but overall, I'd say a good judgement

    1. Re:Good by Anonymous Coward · · Score: 3, Insightful

      On the over hand though, regardless of the false pretense, these people gave their data to him, and took a calculated risk as to whether the ad was genuine or not. It's not as if the data was stolen or anything.

      Not really, actually. If you go an actual date, for instance, and your date proceeds to kick you in the groin, nobody would argue that you took a calculated risk as to whether the offer to go on a date was genuine, either.

      I agree it's a good judgement (although the amount seems a bit high); I just wish it'd been a "real" one, not just a default judgement because he didn't showup.

  6. Re:Reasonable expectation of privacy by whiledo · · Score: 5, Insightful

    Again, though, a classified ads site is not the same thing as a web forum. If you replied in email to a person who posted an ad on the site, what would you expect to happen? Would you expect the person to post it publicly? No. That's what expectations are all about. It doesn't matter that he CAN post them publicly. If you follow your logic then there is no such thing as privacy. I could be having a "private" conversation with you, but be secretly recording it and then post it on the internet.

    That's what we're talking about here, whether you can reasonably expect certain communications to be private or not. Personally, I would rather have the law say that there is such a thing as privacy than in your alternate universe where nothing is private.

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  7. Karma's a bitch. by cyn1c77 · · Score: 4, Funny

    Good.

    This little turd is only starting starting to get what he deserves.

    Personally, I am impressed that the individual wronged took him to court. If I had his name and address, I would have probably been a lot less gentle. People have been taking advantage of the anonymity of the internet to get away with completely unacceptable behavior for too long.

    Human beings are social creatures and the defective ones need to be corrected or weeded out.

    1. Re:Karma's a bitch. by cyn1c77 · · Score: 4, Insightful

      So you feel that women deserve to be raped and mugged if they make poor decisions?

      Thanks for the Star Wars quote. It really cleared things up for me. I now understand that you must have a lot of time to memorize movie lines while sitting at home alone after having alienated any potential dates with your offensive logic.

  8. Can't say I have much sympathy by V50 · · Score: 4, Insightful

    I can't say I sympathise with that bloke much. He posted an ad, and the people who responded to it did so under the assumption that it would be confidential. Not the smartest assumption, but a reasonable one nontheless.

    Then, he posts the responses, including names. While this doesn't hurt him much, it can easily lead to great embarrassment and potential destruction of reputation for those men.

    Regardless of what one thinks of the activities the guys thought they were responding to (sounded weird to me, but I'm a bit of a boring prude), the guy who posted people's identities is an asshat, and I can't say I feel much, or really any sympathy for him. He sounds like little more than an asshat.

    On a related note, I hope the asses who post those "feel free to come and take all my stuff" ads on Craigslist, that result in people's houses being stripped down to nothingness, also get sued. Those who respond to them and steal the poor bastard's items, too.

  9. Re:Well I'm Confused by funkatron · · Score: 3, Funny

    No not really. Anyone that does anything to piss a lawyer off is automatically right.

    --
    "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
  10. Oh shit, but the rest of us are in terror! by SmallFurryCreature · · Score: 3, Funny

    Naked pics of a slashdotter. Might just rip the internet straight from my wall and torch the local datacenter, just to be sure.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  11. Re:Reasonable expectation of privacy by 2short · · Score: 4, Insightful

    "Say I make a craigslist ad that says, "Hey, I'm looking for sex, call me at +4790369389, and you call that number, and it goes to A loudspeaker that broadcasts your voice to the public [oddstrument.com]. You call that number and yell out that you're looking for sex, and here's your name and email. Am I now liable for broadcasting your public information to the world,"

    Yes, obviously.

    "So what if i make an email address that forwards your email verbatim to an email list? Is that the same..."

    Yes, obviously.

    You set up an ad that claims a particular contact method is a way to initiate a private person-to-person contact. Someone foolishly trust you. Saying, "Sucker! You should have known I might be a lying douchebag" doesn't make you not a lying douchebag.