Slashdot Mirror


Judge Rules To Reveal Anonymous Blogger's Identity Over Insults

Several readers have written to tell us of a ruling in the New York Supreme Court which will allow model Liskula Cohen to find out the identity of an anonymous blogger who posted some of her photos with captions including the words "psychotic," "skank," and "ho." The site was part of Blogger.com, and Google has already complied with a request for the author's IP address and email. "[Cohen's attorney] said that once his legal team tracks the e-mail address to a name, the next step will be to sue Cohen's detractor for defamation. He said he suspected the creator of the blog is an acquaintance of Cohen. The blog has not been operational for months. The unidentified creator of the blog was represented in court by an attorney, Anne Salisbury, who said her client voluntarily took the blog down when Cohen initiated legal action against it. ... the judge quoted a Virginia court that ruled in a similar case that nameless online taunters should be held accountable when their derision crosses a line. 'The protection of the right to communicate anonymously must be balanced against the need to assure that those persons who choose to abuse the opportunities presented by this medium can be made to answer for such transgressions.'"

271 comments

  1. Was it worth breaking privacy? by alain94040 · · Score: 5, Interesting

    For once, it's worth reading TFA until the end, when you find out: that the blog had "minuscule" traffic, it was taken down as soon as the lawsuit was filed, and it only had 5 posts all written in one day. Basically the blog was dead.

    Sure, as a public figure, it's never fun to be insulted on the Internet (ask Mike Arrington if you don't believe me). But this didn't seem to warrant a full-fledged lawsuit.

    --
    Calling all indie iPhone developers: fair and open app crowdsourcing

    1. Re:Was it worth breaking privacy? by kannibal_klown · · Score: 5, Insightful

      Maybe this anonymous poster isn't so anonymous. Maybe she suspects that it's someone she knows (ex boyfriend, ex friend, stalker, etc). If said person was harassing her in other ways as well, perhaps this could be the straw that broke the camel's back and can allow something to be done about it (such as a TRO).

    2. Re:Was it worth breaking privacy? by Seumas · · Score: 3, Insightful

      I understand the desire to protect individuals from slander and libel on the net. It's unfortunate that a potential audience of six billion people can see some horrendous things asserted about you no matter who you are, by anybody with a grudge or any nutjob who just doesn't like you because you turned them down or... any other reason imaginable.

      In this instance, not only is calling someone a "skank" an opinion, but the person - as a model - is essentially a public figure. There is a big difference if I call your sister a slutty skank (by name, no less) on the internet versus calling Kate Moss a slutty skank.

      Clearly this is an unfair action/ruling, but at the same time, I understand that it's a complex situation because when you're the one being ripped apart for no reason on the internet (especially if you're a nobody) where it will be indexed by search engines and archived forever by services and viewable by every potential friend, date, employer, and so on for eternity... it must completely suck.

      The problem is two ideals here that seemingly can not exist and be re-enforced together. Presumably, one must win-out in the long run.

    3. Re:Was it worth breaking privacy? by El+Jynx · · Score: 3, Insightful

      I wonder if this is indeed the right way to go about it. I figure that if you're famous enough, there's going to be loads of fora - public and semi-private, mind you - stuffed with defamatory comments. I figure you should just ignore it, set up your own blog, and only react if people really seem to be getting wrong ideas - but then, do so with honesty and integrity on your own blog. Insert a good troll filter so people can comment and avoid the trolls. There's always gonna be shortsighted individuals who'll gripe anything or anyone, whether that person / thing is known to them personally or not. Let 'em rot in their own juices - they'll either shower eventually or rot away, and in the latter case they're hardly worth anyone's time. Also, this avoids Streisand effects and means that anyone seriously interested in what you have to say about something will refer to your blog and not some random forum; the news sites already do so. Just keep on truckin', apologise if you're wrong, react calmly and clearly when you're right, and let the lawyers stay at home.

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it well worth the effort.
    4. Re:Was it worth breaking privacy? by Shadow+Wrought · · Score: 2, Insightful

      Public figures do have a higher burden, but that doesn't mean that they cannot sue for defamation, its just harder to win. If it was an anonymous site with pictures of dozens of models, celebrities and the like similarly labeled, then she she would have a much more difficult time since the site could call itself satirical. Since the blog only seemed to exist to insult her, then I think it is more reasonable for the court to allow finding out who the anonymous author was.

      The two ideals really are opposite, but I think the court is a decent method of finding a middle ground. Sometimes anonimity is more important, sometimes privacy is.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
    5. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 4, Insightful

      I suspect that you are my ex-girlfriend stalker that has been harassing me for months and I feel that your post is an intentional attack at me and my public image so as such I am now going to sue to get your IP, email and identity.

    6. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      This isn't a fucking "privacy" issue, asshats. Nothing in privacy assures you the right to say whatever you want without anyone knowing it was you who said it. Privacy is a state of being concealed from view. Privacy is the ability to do what you want in your own home, where no one but you and those in your home can see or know it happened. When you go online and say something for everyone in the world to hear, you are no longer private. You are on the internet. The expectation that you should be able to hide who you are on the internet is foolish. Get over your entitlement, fuckwads.

    7. Re:Was it worth breaking privacy? by Steauengeglase · · Score: 1, Interesting

      No offense, but you could be hiding Osama bin Laden in your house, we should check there. He could have an atom bomb and the Lindbergh baby. I demand to know who kannibal_klown is to justify my belief.

    8. Re:Was it worth breaking privacy? by jedidiah · · Score: 1

      The idea that there is socially redeeming value in being able to publish anonymously predates the internet but at least a couple centuries.

      The question is whether or not the current "defamation" issue warrants undermining that.

      The "harm" here seems even more nebulous than the usual big media claims.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    9. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      The plural of "Forum" is "Forums" not "Fora".

    10. Re:Was it worth breaking privacy? by pbhj · · Score: 1

      I'm with you that her being a skank or otherwise is simply opinion and obviously so. If something is defamatory and portrayed as objective fact then you may have something to cry about. Eg "she's a skank, she was outside in the trash giving a blowjob to a tramp" - if she wasn't then their is something to complain about.

    11. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      I have it on good authority that Steauengeglase is a skanky ho. As a public figure (Slashdot poster), she is subject to my random ridicule. Hah.

    12. Re:Was it worth breaking privacy? by b4upoo · · Score: 1

      Perhaps a defense of truth will be attempted to determine if in fact she is a skanky ho.
                So after the dust settles are the supposed damages more than a penny? Then again maybe skanky hos suffer extreme emotional stress easily or something like that.

    13. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      In this instance, not only is calling someone a "skank" an opinion

      Maybe, but psychotic is a medical term.

    14. Re:Was it worth breaking privacy? by Seumas · · Score: 1

      Public figures do not have any exception to being defamed; in fact, perhaps just the opposite. If you make slanderous assertions about someone that everyone in the country knows versus making those claims about someone down the street, the impact is different.

      But either way, it's very clear when something is merely opinion. "X is a skank" versus "X is a skank... because I witnessed her do a full on anonymous gang-bang in the Winterhawk's locker room" and if you're a public figure, being criticized and called names is just a part of the business. Do we really want to open every person who has ever voiced negative opinions about Britney Spears to a lawsuit?

    15. Re:Was it worth breaking privacy? by jim_v2000 · · Score: 1

      "I understand the desire to protect individuals from slander and libel on the net."

      But anonymous slander and libel were what the internets were invented for!

      --
      Don't take life so seriously. No one makes it out alive.
    16. Re:Was it worth breaking privacy? by camperdave · · Score: 1

      Um... The Lindbergh baby was found over 77 years ago.

      --
      When our name is on the back of your car, we're behind you all the way!
    17. Re:Was it worth breaking privacy? by Seumas · · Score: 0, Flamebait

      You're an idiot.

      Nobody is arguing that one has an absolute right to privacy if they are making libelous claims, but nobody has the right to call you into account for stating opinions. There's no law against stating opinion and therefore no violation that qualifies for release of someone's private information.

      If the guy was posting someone's social security number online or claiming that the person molested them or committed some horrible act, they would have a point. But there is no legal recourse for being called a skank.

    18. Re:Was it worth breaking privacy? by Seumas · · Score: 1

      Of course, whether or not it's socially redeeming isn't really even relevant. There are a lot of things that are not socially redeeming that are just fine. I don't have to validate the social value of reading comic books.

      The question absolutely is whether the person's statements warrant legal concern for "defamation". The fact that it has made it this far indicates that either the judge is a fucking moron or that they possess very weighty facts that the rest of us are not aware of which make this an issue far beyond "that person called me a skank and I'm all bent out of shape and demand that you stop them from having an opinion!".

    19. Re:Was it worth breaking privacy? by camperdave · · Score: 3, Insightful

      In this instance, not only is calling someone a "skank" an opinion, but the person - as a model - is essentially a public figure. There is a big difference if I call your sister a slutty skank (by name, no less) on the internet versus calling Kate Moss a slutty skank.

      What possible difference does it make whether the subject is a public figure or not? All are supposed to be equal under the law. Heaven help us if we actually start having separate laws for celebrities.

      --
      When our name is on the back of your car, we're behind you all the way!
    20. Re:Was it worth breaking privacy? by Kjella · · Score: 1

      This isn't a fucking "privacy" issue, asshats. Nothing in privacy assures you the right to say whatever you want without anyone knowing it was you who said it. Privacy is a state of being concealed from view. Privacy is the ability to do what you want in your own home, where no one but you and those in your home can see or know it happened. When you go online and say something for everyone in the world to hear, you are no longer private. You are on the internet. The expectation that you should be able to hide who you are on the internet is foolish. Get over your entitlement, fuckwads.

      You deserve a +2, Double Irony mod just for making that comment as AC and for throwing insults while you're at it. If I go to a doctor and tell about my medical issues, he might write me a sick notice for work. That I'm on sick leave is pretty much public, but the details of my issue is private. If I post on a forum where I can register with just a pseudonym, my posts are public but my identity is private. If information is being shared beyond the parties I have agreed to or could reasonably expect would be informed, then my privacy is being violated.

      That said, I don't think anyone's entitled to remain anonymous after a court has found reasonable grounds for a criminal or civil lawsuit. It'd be very weird if anonymity were to function as some form of legal immunity, just like a search warrant is a pretty clear violation of privacy it's necessary to have a functioning justice system. P.S. I don't know about "should", but I'll settle for "can" and I don't mean my slashdot nick...

      --
      Live today, because you never know what tomorrow brings
    21. Re:Was it worth breaking privacy? by mR.bRiGhTsId3 · · Score: 1

      Even if she doesn't know who it is, libel is still libel. However, considering how low traffic the blog supposedly is, I'm surprised she was away of the statements at all.

    22. Re:Was it worth breaking privacy? by mike449 · · Score: 2, Insightful

      Maybe the Streisand effect was the desired outcome in this case. For many celebs, there is no such thing as bad publicity. Any publicity is good.

    23. Re:Was it worth breaking privacy? by Frosty+Piss · · Score: 1

      Sure, as a public figure, it's never fun to be insulted on the Internet (ask Mike Arrington if you don't believe me). But this didn't seem to warrant a full-fledged lawsuit.

      She's got more money than she knows what to do with. It's a harassment lawsuit.

      --
      If you want news from today, you have to come back tomorrow.
    24. Re:Was it worth breaking privacy? by nbauman · · Score: 4, Interesting

      Maybe this guy.

      http://www.nypost.com/seven/07312008/news/regionalnews/bar_goons_smash_and_slash_past_122359.htm

        The Manhattan doorman charged with hurling glasses at a woman's face at the Hudson Hotel served a month in jail for horribly disfiguring a top model by smashing a bottle across her cheek at a posh club last year.

      Samir Dervisevic, 25, got into a drinking-tossing dust-up with model Liskula Cohen at Ultra on West 26th Street on Jan. 14, 2007, that ended when he cracked a bottle of vodka across her face, she tearfully recalled yesterday.

    25. Re:Was it worth breaking privacy? by SBrach · · Score: 2, Funny

      So all we have to do to protect this anonymous hero is prove that she is a psychotic, skanky, ho? Any volunteers who own a cam-corder??

    26. Re:Was it worth breaking privacy? by Yogiz · · Score: 2, Funny

      The fact that she is attempting to sue someone because she was insulted in the Internet is plenty of proof for all three.

    27. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 1, Informative

      Trying to be a know it all works better if you actually know it all.

      http://www.merriam-webster.com/dictionary/forum

    28. Re:Was it worth breaking privacy? by Seumas · · Score: 1

      In this instance, not only is calling someone a "skank" an opinion

      Maybe, but psychotic is a medical term.

      So he should be sued for practicing medicine without a license?

    29. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      Um... The Lindbergh baby was found over 77 years ago.

      Has it been difficult living with autism?

    30. Re:Was it worth breaking privacy? by whoop · · Score: 5, Informative

      This model was on Good Morning America today, she knew the woman a little bit. Here is more of the story.

      "Thank God it was her... she's an irrelevant person in my life," Cohen said. "She's just somebody that, whenever I would go out to a restaurant, to a party in New York City ... she was just that girl that was always there."

    31. Re:Was it worth breaking privacy? by crankyspice · · Score: 2, Informative

      What possible difference does it make whether the subject is a public figure or not? All are supposed to be equal under the law. Heaven help us if we actually start having separate laws for celebrities.

      Too late, we've had a separate legal standard for "celebrities" (public figures) for over forty years, starting with Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967): http://supreme.justia.com/us/388/130/case.html

      --
      geek. lawyer.
    32. Re:Was it worth breaking privacy? by jcnnghm · · Score: 3, Informative

      There is a good reason that celebrities are treated differently under defamation law, and that is to protect the public's freedom of speech and right to know. The public figure stuff was the Supreme Court's way of balancing the constitution and defamation. The biggest difference between how a public figure and a regular individual are handled with regard to defamation is in the necessary burden of proof. For a public figure, you must prove actual malice, which is basically that the person said something untrue about you, that they knew it was untrue, and purposely said it to harm you. It is similar to the difference between proving negligence,and proving recklessness. Kind of funny seeing people getting worked up over the law upholding freedom of speech.

      --
      You don't make the poor richer by making the rich poorer. - Winston Churchill
    33. Re:Was it worth breaking privacy? by Bakkster · · Score: 1

      In this instance, not only is calling someone a "skank" an opinion

      Maybe, but psychotic is a medical term.

      So he should be sued for practicing medicine without a license?

      No, for libel. The claim would be that the author knowingly and maliciously made a false statement about the target's medical status. This is the very definition of libel, and would be a legitimate claim.

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    34. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      Heaven help us if we actually start acknowledging having separate laws for celebrities.

      Fixed that for ya

    35. Re:Was it worth breaking privacy? by Steauengeglase · · Score: 1

      And you AC have inspired to me have a one-on-one fist fight with the sea.

    36. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      Clearly the implied dependent clause of his sentence was "Among people who are not pretentious mud buttons..."

    37. Re:Was it worth breaking privacy? by darkmeridian · · Score: 1

      It does matter if the subject is a public figure or not. Otherwise, all the criticisms of your political leaders and celebrity gossip would be downright criminal. "Obama's a Nazi." Libel. "Britney's a drunk." Slander. Etc., etc.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    38. Re:Was it worth breaking privacy? by kalirion · · Score: 1

      30 days in jail for cutting a person's cheek open? That seems a bit lax....

    39. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      Um... The Lindbergh baby was found over 77 years ago.

      Has it been difficult living with autism?

      Yes, but stick with it. You'll find it gets easier for you as you mature.

    40. Re:Was it worth breaking privacy? by amplt1337 · · Score: 1

      Since the blog only seemed to exist to insult her, then I think it is more reasonable for the court to allow finding out who the anonymous author was.

      Not really -- at least in the US, statements of opinion are not considered actionable, although the Supreme Court has ruled that this is not a necessary part of the First Amendment.

      Where she may have a case is with the claim that these statements are defamatory per se -- a category which covers mental illness (psychotic) and allegations of unchastity (skank, ho). These don't require proof of damages or really anything; it's just automatically defamatory. So, note to everyone: if you want to call a model names in public, make sure it doesn't impugn her sexual character or mental health.

      --
      Freedom isn't free; its price is the well-being of others.
    41. Re:Was it worth breaking privacy? by kannibal_klown · · Score: 1

      You analogy is flawed as I'm not the ones make the claims, you are.

      Apparently they found out who it was already, so it's a moot point. But consider the following scenario.

      A person in your life is a complete psycho. You're afraid of them. He/she has said and done certain things but you can't legally prove it was them (even though they practically admit it). Maybe they broke into your apartment and planted dog feces on your bed, maybe they did a bunch of other psycho things and practically admitted it with a smile, but not legally so.

      You are scared of this person now, but can't do much about it because you can't physically prove what the person said or did. No TRO, nothing.

      You come across a blog stating things, maybe things that they said to you the day of the blog posting. And you think "maybe it's Person X, he did say these things on the day this was posted."

      If so, you now have documented proof to show the antagonism and perhaps grounds for a restraining order or more.

      But, you don't want to risk saying "oh it MUST be him" to the judge because if it's not then you're SOL.

    42. Re:Was it worth breaking privacy? by maz2331 · · Score: 1

      Well, now the hard part of the suit begins. Defamation suits open the plaintiff up to discovery, as the defendant can look for evidence to prove their assertions.

      IE: Whoever she is suing can look for legal evidence of "skaniness" now.

    43. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      Thomas Jefferson wrote many many things under Anonymous Coward including some not so nice things about Adams while they were campaigning against each other.

    44. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      Alain94040:

      1) make sure you are the first one to post
      2) make sure you include a link to fairsoftware.net
      3) profit

      http://www.google.com/search?q=%22[fairsoftware.net]%22%20site%3Aslashdot.org

    45. Re:Was it worth breaking privacy? by Eil · · Score: 1

      I understand the desire to protect individuals from slander and libel on the net.

      I don't. Back in the day, libel laws made sense when mass communication was hard. Basically, you had only three ways of getting information on current events: word of mouth, town meetings or speeches, and the newspaper. One person with a lot of power could spread lies a lot more effectively than a less-powerful person could discredit them, so the power of the legal system was leverage against that imbalance.

      However, these days communication with the majority of the civilized world is insanely cheap, easy, and instantaneous. We have access to more news outlets than ever before. An average Joe can have a potential audience of millions without even getting out of bed, if what he has to say is worthwhile. Someone says something bad about you, it's remarkably easy to disprove, discredit, or ignore. Simple as that.

      The problem is that we seem to be headed into a society where people think they have some natural right to not be offended or insulted. I couldn't even make up a more perfect example than TFA: a spoiled semi-famous model learned she gets attention when she plays the victim card and sues random people who call her a skank in some anonymous low-traffic Internet blog. What. The. Fuck.

      Another example: Leo Laporte interviewed someone on his FLOSS podcast who said he was calling from a city in Japan that was apparently famous for tossing Christians into boiling water centuries ago. Laporte responded with "excellent," in a sort of off-handed sarcastic manner and then moved on with the rest of the interview. Apparently, this enraged the Christian cohort of his open source podcast and he got a bunch of letters demanding an apology for his stated support of boiling Christians in water. If you actually listen to the podcast in question, there's no way you could possibly infer that he was in favor for the boiling of anybody. Nevertheless, enough people chose to take up the supposed victim stance and feign outrage that Laporte was forced to issue a formal apology on the next episode of the podcast.

      It's getting ridiculous. This was a country founded on free speech, the ability to say whatever you want, whenever you want, whether it's offensive to someone or not. And like it or not, the option to be anonymous is a cornerstone of free speech. Anyone who is so easily offended by being called a name simply doesn't have a thick enough skin or the self-confidence to make it in a truly free society.

    46. Re:Was it worth breaking privacy? by mgblst · · Score: 0, Offtopic

      Yeah, and maybe it was Osama Bin Liden, and if we find out his real address, we will finally put an end to one of the biggest terrorists for our time.

      I think I will use that old scapegoat from now on. I am sure courts look very favorably on maybes.

    47. Re:Was it worth breaking privacy? by Nyder · · Score: 1

      dude, god gave us the back of our hand for such attacks.

      It's called: pimp slapping.

      (bitch slapping is the normal palm side of your hand, more effective as a taunt or challenge)

      --
      Be seeing you...
    48. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      Defamation is defamation. Harassment is Harassment. What if the lawsuit wasn't filed? Would the blog still be up on the Internet? Would it have more traffic?

      Payment will be awarded according to how badly damaged the persons reputation is, how 'hurt' the person is emotionally ... in this case, it might be rather small, may not even cover the cost of lawyers, BUT, do you blame someone for protecting their reputation? If they take no action, how badly damaged can that reputation become?

      It might be a storm in a tea cup looking at it from where we are, but what if Cohen didn't start the lawsuit and it lead to Cohen getting murdered or something else. Some people prefer to stop trouble as soon as it starts (nipping it in the bud), whilst others let it wash over them in the hope it blows away before some sicko decides to do something stupid. It is a matter of choosing ones battles, and Cohen has chosen to nip this one in the bud. She might know more about what is going on than we know.

    49. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      Can she prove that she never went through some sort of skanky ho phase in her entire life?

    50. Re:Was it worth breaking privacy? by Anonymous Coward · · Score: 0

      I heard in a different news story on the radio, that the original statement she was sueing over was that "she was over 40 years old", when she is actually 37. She claimed that being a model, the false statement that she was over 40 would impact her financially.

    51. Re:Was it worth breaking privacy? by mellon · · Score: 1

      You can certainly argue that it was a silly waste of resources to prosecute this lawsuit to the point where the offender's identity was revealed. But I find the notion that this action was a miscarriage of justice to be a bit weird. If you walk up to someone and insult them to their face, that's assault. Generally speaking it's not prosecuted, but that doesn't mean you did nothing wrong. It's just too lame to prosecute.

      The same is true here. If you don't want to get sued for libel and have your identity outed, don't call people skanks on the Internet. That seems like a pretty easy thing to avoid doing. Of course, chances are that they won't sue you for libel, and won't out you, because it's just too lame for words to do that, but is it really the case that they are not entitled to try?

      The moral of this story, to me, is: don't be an asshole.

    52. Re:Was it worth breaking privacy? by duffbeer703 · · Score: 1

      That's the same specious argument that politicians use when writing draconian anti-privacy laws. Except they talk about child molesters and rapists.

      If you go to a court and establish that you're a victim of systematic harassment that gives you a specific reason to feel there is a clear and present danger to your personal safety, that's one thing. But that isn't what happened here.

      This is a potential libel/defamation case or a way for someone who desires to be in the public eye to get on Page 6 again -- that's it. Unlike the UK, where libel can be used as a club by those with money, libel cases are not open and shut in the US.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    53. Re:Was it worth breaking privacy? by TheCarp · · Score: 1

      30 days and 3 years probation actually. Probation is still a form of punishment, just one where you aren't rotting in a cell providing no benefit to society at all. It also means that, during that period, his probation could become jail time, if he violates the terms of his probation.

      It seems like it could be a fair sentance. Admittedly the damages are greater than normal here since the victim has such an appearance oriented profession. However, he still got drunk, lost his temper, and hit someone. Bad? Yes. In need of correction, yes. Best dealt with by a lengthy prison stay? probably not.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
  2. AC Apology to a One Robert Malda by Anonymous Coward · · Score: 5, Funny

    This humble Anonymous Coward who has invested thousands of hours into the defamation and character assassination of a one Robert Malda of Slashdot would like to beg forgiveness from the very respectable Mr. Malda before he forces a judge to make himself turn over my IP address in order to sue me for slander and libel.

    1. Re:AC Apology to a One Robert Malda by Anonymous Coward · · Score: 0

      Slander? Did you speak to someone about Malda? Libel? Have you published something? Has there been a precedent set yet that posting on a web site or a blog constitutes publication for the purposes of libel? Perhaps we need to coin a new word for defamation on "electronic" media. That notwithstanding, Malda may decide to sue you simply for defamation and not worry about whether it's slander or libel.

    2. Re:AC Apology to a One Robert Malda by Anonymous Coward · · Score: 0

      I am Anonymous Coward!

    3. Re:AC Apology to a One Robert Malda by Anonymous Coward · · Score: 0

      NO!

      I am Anonymous Coward!

    4. Re:AC Apology to a One Robert Malda by Anonymous Coward · · Score: 0

      No, I am Anonymous Coward!

    5. Re:AC Apology to a One Robert Malda by Anonymous Coward · · Score: 0

      No!! I'm Anonymous Coward/Keyser Soze/Brian/Spartacus.

    6. Re:AC Apology to a One Robert Malda by The+Archon+V2.0 · · Score: 1

      Perhaps we need to coin a new word for defamation on "electronic" media.

      Please, no. Given the typical attempts to "Internetize" words, we'll either end up with eSlander or iBel.

    7. Re:AC Apology to a One Robert Malda by Trails · · Score: 4, Insightful

      I disagree.

      I strongly believe the producing an internet-specific version of libel/slander would re-invigorate the paradigm, enable a net-new market, and actualize synergies of cross-medium defamation that would allow a best-of-breed convergence of mission-critical turnkey insult infomediaries while recontextualizing frictionless compelling channels.

    8. Re:AC Apology to a One Robert Malda by oldspewey · · Score: 1

      iBel

      Sorry, you can't use the "i" prefix without Apple's permission.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    9. Re:AC Apology to a One Robert Malda by dimeglio · · Score: 1

      I wonder how works of fiction, such as what is posted in 4chan, would fit in all this. I say works of fiction as this is the disclaimer posted on top of the page. I presume those anons are fairly safe as long as they don't claim it's reality.

      --
      Views expressed do not necessarily reflect those of the author.
    10. Re:AC Apology to a One Robert Malda by db32 · · Score: 1

      I will be going after slashdot to reveal your identity for public endangerment. Reading those two lines increases your risk of an aneurysm 10 fold!

      --
      The only change I can believe in is what I find in my couch cushions.
    11. Re:AC Apology to a One Robert Malda by compro01 · · Score: 1
      --
      upon the advice of my lawyer, i have no sig at this time
    12. Re:AC Apology to a One Robert Malda by Anonymous Coward · · Score: 0

      I disagree.

      while recontextualizing frictionless compelling channels.

      Is that you Mr Rudd?!?

    13. Re:AC Apology to a One Robert Malda by Anonymous Coward · · Score: 0

      /The Laughing Man/That 'V' for Vendetta guy/The Dread Pirate Roberts/'Ace' Rimmer...

    14. Re:AC Apology to a One Robert Malda by Anonymous Coward · · Score: 0

      No, I am Anonymous Coward. You are a faggot.

    15. Re:AC Apology to a One Robert Malda by theArtificial · · Score: 1

      I think you might want to consider using some more buzzwords. If you need some help try using some Corporate Flashcards. http://www.amazon.com/Corporate-Flashcards/dp/B000F0DWFK

      --
      Man blir trött av att gå och göra ingenting.
    16. Re:AC Apology to a One Robert Malda by Trails · · Score: 1

      Actually most of that is pulled from dack's web bullshit generator

    17. Re:AC Apology to a One Robert Malda by Anonymous Coward · · Score: 0

      Excellent use of your thesaurus! Completely agree, and not just because of the big words.

    18. Re:AC Apology to a One Robert Malda by Anonymous Coward · · Score: 0

      I suggest the "e" and "i" prefix be replaced with "fn"

  3. Publicity stunt by thermowax · · Score: 1, Insightful

    I strongly suspect this is a last-ditch, desperate publicity ploy by a second-rate has-been model.

    No matter what, bring on the Streisand effect!

    1. Re:Publicity stunt by Chickan · · Score: 1

      Its not even that, she's just a baby who can't get over the fact she's 37: http://internetdefamationblog.com/?tag=liskula-cohen

    2. Re:Publicity stunt by Anonymous Coward · · Score: 0

      I strongly suspect this is a last-ditch, desperate publicity ploy by a second-rate has-been model.

      No matter what, bring on the Streisand effect!

      She'll get a reality show somewhere on cable. Maybe Ron Jeremy or an Osborne will be with her.

      Now, i googled her to see exactly who she is and in photos, photos that supposedly add 5 pounds, she looks very thin.

    3. Re:Publicity stunt by Anonymous Coward · · Score: 0

      I strongly suspect this is a last-ditch, desperate publicity ploy by a second-rate has-been model.

      No matter what, bring on the Streisand effect!

      Its not even that, she's just a baby who can't get over the fact she's 37: http://internetdefamationblog.com/?tag=liskula-cohen

      Oooh, you two are so in trouble now....

    4. Re:Publicity stunt by Hatta · · Score: 4, Funny

      What a cunning stunt it is indeed!

      --
      Give me Classic Slashdot or give me death!
    5. Re:Publicity stunt by Trifthen · · Score: 1

      I was wondering about this myself. By bringing attention to this random blog apparently nobody reads, this model I've never heard of will now be the laughingstock of the internet for a few weeks. I saw this on the morning news on my way out the door, and I'm just amazed people still don't really understand how the internet actually works.

      They kept talking about how they're trying to set the precedent that anonymity is not a shield against libel, as if this trial would magically end all anonymity on the entire internet, but that's not even what this is about. This is about someone who I've previously never heard of, who is suing somebody because she has a thin skin, and doesn't realize that doing so will draw even more attention to the very thing she's trying to suppress.

      Now we get to look forward to the next few weeks as people express their first amendment rights by going even further than the original statements, on far more readable forums such as this one. I mean... look at this image. It's been all over the internet for years, and arguably damages this young woman's reputation worse than whatever this model is whining about, but look just how pervasive it is anyway. I can only imagine what kind of photoshopping an attempt to sue the intarwebs will inspire.

      This really is just exacerbating the situation, and it's a shame nobody warned her or her lawyers before they made it a media spectacle. Now she's totally and irreversibly screwed, and doesn't even know it.

      --
      Read: Rabbit Rue - Free serial nove
    6. Re:Publicity stunt by randizzle3000 · · Score: 1

      Lol I got this joke because of my dyslexia.

    7. Re:Publicity stunt by Verdatum · · Score: 1

      BEST...SPOONERISM...EVER.

    8. Re:Publicity stunt by EvilDrMike · · Score: 0

      Indeed just the sort of thing a Skanky Ho would do to get publicity IMHO. So I hear the cool kids saying.

      -EDM

      Yes this is my opinion whose were you expecting?

  4. Slippery slope by sohmc · · Score: 3, Insightful

    I agree that there needs to be a balance against the anoymous people who fear reprisal to people who just want to cause damage.

    But in this case, I don't think it is the case. Putting "SKANK" on a picture of a model is no different than putting "SOCIALIST" on Obama's picture. I believe both should be covered by the 1st amendment. Google should have gone to bat for the blogger.

    I didn't see the guys blog so I can't say, but unless the blog contained more than just pictures with editorial descriptions, this ruling should be reversed.

    --
    We don't live in Shouldland.
    1. Re:Slippery slope by ducomputergeek · · Score: 0

      Calling Obama a SOCIALIST would be political speech. As would the caption WAR CRIMINAL under a picture of Bush. This is exactly the kind of thing that the 1st Amendment was designed to protect: freedom of speech against government. The first amendment protects freedom of POLITICAL speech, you are not allowed to say anything you'd like about anyone for any reason.

      This would be libel and for to court to determine if it really is libel or if what the blogger wrote was true or not.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    2. Re:Slippery slope by Archangel+Michael · · Score: 0, Offtopic

      no different than putting "SOCIALIST" on Obama's picture.

      Unless you're a leftwing loon, in which case those that call Obama (PBHN) Socialist are "Racists" as they try to promote the idea that "Socialist" is just a code word for "THE NEW N WORD".

      Yes, because the only reason to criticized Obama (PBHN) is because he is black, and not because his policies are stupid ignorant socialist garbage.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    3. Re:Slippery slope by MBGMorden · · Score: 1

      this ruling should be reversed.

      How? The case was dropped. Her anonymity is gone - damage done. There are no charges to now drop, and there is no Jedi hand waving to make everyone forget who wrote the stuff.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
  5. Liskula Cohen is a psychotic, skanky ho. by realmolo · · Score: 4, Insightful

    So sue me.

    1. Re:Liskula Cohen is a psychotic, skanky ho. by geoffrobinson · · Score: 2, Funny

      Would have been better if you posted as an AC.

      --
      Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    2. Re:Liskula Cohen is a psychotic, skanky ho. by Anonymous Coward · · Score: 0

      You're missing the point. There are no privacy rights related to free speech and anonymous trolling isn't protected. A lot of people may feel empowered by the anonymity that the web provides but it's a false sense of safety if you cross the line and he apparently did. You also can't make threats over the web and there have been cases involving that already. There's no laws about being an asshole on-line but you can't make false statements to attack another person. There are no special rights associated with the web the rule of thumb is what is true in the real world is true of the web.

    3. Re:Liskula Cohen is a psychotic, skanky ho. by Em+Emalb · · Score: 5, Funny

      I don't always call people I don't know bad names on the internet, but when I do, I drink Dos Equis.---The most anonymous man in the world

      --
      Sent from your iPad.
    4. Re:Liskula Cohen is a psychotic, skanky ho. by jedidiah · · Score: 2, Insightful

      > There are no privacy rights related to free speech

      Actually there are. It's a dangerous and destructive thing to try and claim otherwise.

      This ranks right down there with the notion that audio CD's imply some sort of license.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:Liskula Cohen is a psychotic, skanky ho. by Anonymous+Monkey · · Score: 1

      I'm shocked he didn't include his e-mail address.

      --
      We are the Borg...
    6. Re:Liskula Cohen is a psychotic, skanky ho. by Anonymous Coward · · Score: 0

      Well, she is.

    7. Re:Liskula Cohen is a psychotic, skanky ho. by AndersOSU · · Score: 1

      I think you're wrong, but if you can provide some information to back up your position I'd be interested to read it.

      We (in the US) have a right to free speech. We do not have a right to anonymous free speech.

      It's true that there's an important history of anonymous political speech, and it's true that you're free to take steps don and protect your anonymity, but it's not true that the law protects you if someone manages to unmask you.

    8. Re:Liskula Cohen is a psychotic, skanky ho. by Seumas · · Score: 1

      Since "skanky ho" is a statement of opinion, there is no "false statement" to consider here. If the statement was that she was a skanky ho "because she cheated on her husband", then that might definitely qualify since it is an absolute defamation of character (if it is a lie, of course).

    9. Re:Liskula Cohen is a psychotic, skanky ho. by Sj0 · · Score: 2, Insightful

      The judge can only reveal the identity of the blogger in the case that there's an actionable offence. If you believe in freedom of speech, then there is no actionable offence. Therefore, the judge can only reveal the blogger's identity if there is no freedom of speech.

      At least, in my opinion.

      --
      It's been a long time.
    10. Re:Liskula Cohen is a psychotic, skanky ho. by Sj0 · · Score: 1

      I've been in the situation where a spurned former lover was sending false statements of fact to people via e-mail.

      I wasn't able to pursue any legal action in the matter, despite her actions being clearly unlawful, because there was no way I could show damages, for two reasons:

      1. She had such a poor reputation that nobody would believe her, rendering her 'libel-proof'.

      2. Even if she wasn't 'libel-proof', at no point was there a negative financial consequence to me as a result of her libel.

      This lawsuit will effectively be a SLAPP lawsuit, because it will serve to cost the blogger money in lawyer's fees to dissuade people from saying negative things about the model, but the lawsuit itself is baseless.

      --
      It's been a long time.
    11. Re:Liskula Cohen is a psychotic, skanky ho. by Anonymous Coward · · Score: 0

      Stay Anonymous, my friends.

    12. Re:Liskula Cohen is a psychotic, skanky ho. by Dragonslicer · · Score: 1

      I don't always call people I don't know bad names on the internet, but when I do, I drink Dos Equis.---The most anonymous man in the world

      And thus a new meme is born. I'll have to remember this one; there's a lot of potential here.

    13. Re:Liskula Cohen is a psychotic, skanky ho. by ScentCone · · Score: 1

      How is stating that cheated on her husband any more or less defamatory than saying she sells her body for money? The are either both opinion, or both incorrect information meant to defame. Or, you can't tell which is which until you get a court involved.

      --
      Don't disappoint your bird dog. Go to the range.
    14. Re:Liskula Cohen is a psychotic, skanky ho. by Anonymous Coward · · Score: 0

      Here's an interesting idea. If a whole lot of people start "defaming" this person all over the internet, does that weaken her case? Couldn't the defendant just point to the internet and say "hey, I'm not the only one!"?

      Obviously, IANAL...

      also, I've never heard of Liskula what's-her-name, but she already seems psychotic to me.

    15. Re:Liskula Cohen is a psychotic, skanky ho. by religious+freak · · Score: 1

      I was thinking the same thing!! The sliders references didn't catch on like they should have.

      --
      If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
    16. Re:Liskula Cohen is a psychotic, skanky ho. by Seumas · · Score: 1

      Are you serious? You don't see the difference between "she's a skanky ho" and "she is a prostitute"?

      One is an accusation while the other is an opinion. Sort of how when you say "that band sucks ass" you don't literally mean that they sit around back stage giving rim jobs.

    17. Re:Liskula Cohen is a psychotic, skanky ho. by ScentCone · · Score: 1

      So what you're saying is that the applicability of the first amendment depends on each given person's individual parsing of a contraction of the word "whore?"

      --
      Don't disappoint your bird dog. Go to the range.
    18. Re:Liskula Cohen is a psychotic, skanky ho. by MBGMorden · · Score: 1

      The whole word "whore" (and even more so it's more slang counterpart "ho") have varied greatly recently in meaning. The majority of the time it's not used to refer to an actual prostitute, but rather just a woman with poor sexual morals. And with that "whore" becomes opinionated. In some people's eyes any girl who wears makeup is a whore. In other's any girl who has sex before marriage is a whore. For others it's not until I girl beds 15+ guys per months that she's a whore. Further still, to some she's not a whore until she's charging for it.

      In any event, it's clear that being a whore or not becomes a matter of personal opinion and not fact, and therefore it (and "ho") should be fair game, just as much as calling somebody a "meany" would be.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
  6. proxy sieg heil by kronosopher · · Score: 2, Funny

    If this guy is tracked down I hope the judge tells him to use a proxy next time.

    1. Re:proxy sieg heil by Anonymous Coward · · Score: 0

      a proxy? you mean 7 proxies.

    2. Re:proxy sieg heil by click2005 · · Score: 2, Funny

      Or just add Allegedly after everything you say. http://en.wikipedia.org/wiki/Have_I_Got_News_for_You

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    3. Re:proxy sieg heil by eam · · Score: 1

      You forgot to add "allegedly" after you said to add "allegedly" allegedly.

  7. Should have went to LAW school. by ae1294 · · Score: 3, Insightful

    Wow it must be nice to be able to force people to do whatever you want. If I could file a lawsuit to force slashdot to reveal the IP and email of every user that has ever insulted me and then sue them for 5000 each I'd be a very rich and happy man...

    Should have went to law school....or had a wealthy mommy and daddy... or become an actor....

    1. Re:Should have went to LAW school. by Anonymous Coward · · Score: 0

      Wow it must be nice to be able to force people to do whatever you want. If I could file a lawsuit to force slashdot to reveal the IP and email of every user that has ever insulted me and then sue them for 5000 each I'd be a very rich and happy man...

      In the older days of the internet there was a person who did just that (albeit not on Slashdot). They reportedly made a fortune.

    2. Re:Should have went to LAW school. by Anonymous Coward · · Score: 0

      Or, maybe you should have been a psychotic, skanky ho!

    3. Re:Should have went to LAW school. by Shakrai · · Score: 2, Interesting

      If I could file a lawsuit to force slashdot to reveal the IP and email of every user that has ever insulted me and then sue them for 5000 each I'd be a very rich and happy man...

      There's a bit of a difference being someone saying "ae1294 is a jackass" (insult) and someone saying "ae1294 touches children" (slander). Whether or not what the blogger did qualifies as a simple insult or active slander is for the courts to decide. Hard to get to that point if the person remains anonymous.

      I don't have much sympathy for the blog author anyway. If she had the user agreement she would have known that Google has to respond to a valid subpoena. If she had been smart she would have used a proxy and made sure they didn't know who she was either.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    4. Re:Should have went to LAW school. by ae1294 · · Score: 1

      Or, maybe you should have been a psychotic

      Ummm I clearly am a psychotic, check my /. history.. And prepare for YOUR PARENTS TO BE SUED!

    5. Re:Should have went to LAW school. by ae1294 · · Score: 1

      There's a bit of a difference being someone saying "ae1294 is a jackass" (insult) and someone saying "ae1294 touches children" (slander). Whether or not what the blogger did qualifies as a simple insult or active slander is for the courts to decide. Hard to get to that point if the person remains anonymous.

      Well G-wiz Shakrai not only did you just insult and slander my person but I bet you didn't check the /. user agreement before doing so...

    6. Re:Should have went to LAW school. by Haxzaw · · Score: 1

      Instead you're a relatively unknown Slashdot poster who, if you meet the stereotype, is in your thirties, over weight, and live in your parents' basement.

    7. Re:Should have went to LAW school. by Anonymous Coward · · Score: 0

      Why aim so low? Why not go for all three? And maybe add in elite "athlete" like a baseball player or golfer?

      Aside: the athleticism of a sport is inversely proportional to the percentage of smokers found at the top levels. Thus while golf may be a sport, it is not athletic. Running marathons on the other hand....

    8. Re:Should have went to LAW school. by BobMcD · · Score: 1

      There's a bit of a difference being someone saying "ae1294 is a jackass" (insult) and someone saying "ae1294 touches children" (slander).

      This is why people need to use more weasel words.

      "foo seems like a jackass to me"

      and/or

      "foo probably touches children, or would given the opportunity"

    9. Re:Should have went to LAW school. by ae1294 · · Score: 1

      Instead you're a relatively unknown Slashdot poster who, if you meet the stereotype, is in your thirties, over weight, and live in your parents' basement.

      31, Married, Got my own house 500 miles away from my parent and I'm 6'4" 200LBs... So you got the 'in your thirties' right... O but I do have a basement... I keep ex-slashdot trolls down there strapped to tables so I can drill holes into their skulls in order to create a race of super-trolls who anwser only to me...

    10. Re:Should have went to LAW school. by ae1294 · · Score: 1

      Why aim so low? Why not go for all three? And maybe add in elite "athlete" like a baseball player or golfer?

      I didn't know Anonymous Coward was a life coach!?!

    11. Re:Should have went to LAW school. by snowgirl · · Score: 1

      Wow it must be nice to be able to force people to do whatever you want. If I could file a lawsuit to force slashdot to reveal the IP and email of every user that has ever insulted me and then sue them for 5000 each I'd be a very rich and happy man...

      Should have went to law school....or had a wealthy mommy and daddy... or become an actor....

      Reading about her interview and stuff, it turns out apparently potential new clients would ask her about the webpage, and what she was doing in the photos.

      I rather find it crazy that the judge ruled that "skank" is not a term similar to "jerk" and that it denotes a matter of fact, rather than opinion.

      I hate to say that the judge is a skank, because I could be charged with contempt of court, but seriously, someone needs to explain to that skank judge that skank is an opinion-charged insult, and not a statement of fact.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    12. Re:Should have went to LAW school. by ae1294 · · Score: 1

      I hate to say that the judge is a skank, because I could be charged with contempt of court, but seriously, someone needs to explain to that skank judge that skank is an opinion-charged insult, and not a statement of fact.

      Perhaps the Judge should be forced to watch 100 hours of 'Reality TV'
      That should clear up any confusion...

  8. Liskula Is A by Anonymous Coward · · Score: 0

    Nazi

  9. New development! by Eevee · · Score: 4, Funny

    The judge today issued a warrant for "I. C. Wiener" of 405 West 43rd Street to appear in court.

    1. Re:New development! by Anonymous Coward · · Score: 1, Funny

      The judge today issued a warrant for "I. C. Wiener" of 405 West 43rd Street to appear in court.

      In other news his attorney Semore Butz couldn't be reached for comment.

    2. Re:New development! by StikyPad · · Score: 1

      Deputy: Amanda Hugginkiss? I'm looking for Amanda Hugginkiss! Look, what's everybody laughing about? It's not like I chose this -- if I don't find Amanda Hugginkiss, the judge will have my ass. What?!? Do I have toilet paper on my shoe again?

    3. Re:New development! by shirotakaaki · · Score: 1

      Attorney Hugh Jass declined to comment.

  10. Decency Trumps Anonymity by RobotRunAmok · · Score: 5, Insightful

    And Civilization lurches slightly forward.

    Lookit, you want to call Bush a Nazi Warmonger or Obama an Incompetent Puppet, or speak any kind of Truth to Power, I will be shoulder to shoulder with you on the ramparts in defense of your Freedom to Speak, you're a Patriot. You want to call a lady a "skanky ho," try to damage her reputation, and then hide like a coward, you are a Cad.

    The Internet has changed many things, but it has not changed everything.

    1. Re:Decency Trumps Anonymity by Anonymous Coward · · Score: 0

      Lookit, you want to call Bush a Nazi Warmonger or Obama an Incompetent Puppet, or speak any kind of Truth to Power, I will be shoulder to shoulder with you on the ramparts in defense of your Freedom to Speak, you're a Patriot. You want to call a lady a "skanky ho," try to damage her reputation, and then hide like a coward, you are a Cad.

      No one calls me a Cad, sir! I must ask you to step outside.

    2. Re:Decency Trumps Anonymity by eldavojohn · · Score: 1

      And Civilization lurches slightly forward.

      Lookit, you want to call Bush a Nazi Warmonger or Obama an Incompetent Puppet, or speak any kind of Truth to Power, I will be shoulder to shoulder with you on the ramparts in defense of your Freedom to Speak, you're a Patriot. You want to call a lady a "skanky ho," try to damage her reputation, and then hide like a coward, you are a Cad.

      The Internet has changed many things, but it has not changed everything.

      Keep in mind that Bush and Obama are public figures and so therefore are valid targets. So if this model is not

      * a public figure, either a public official or any other person pervasively involved in public affairs, or
      * a limited purpose public figure, meaning those who have "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved." A "particularized determination" is required to decide whether a person is a limited purpose public figure, which can be variously interpreted.

      The blogger may have some issues. People's definitions of "skanky ho" vary and anyone presenting their body as most models do may seem like a "skanky ho" to a minor percentage of the population. It should be interesting to watch this case as "whoring" and "willingness to engage in oral sex" are probably pretty hard to identify when the blogger is only offering up photos.

      --
      My work here is dung.
    3. Re:Decency Trumps Anonymity by Anonymous Coward · · Score: 0

      RobotRunAmok, you're a skanky ho, puppet warmonger.

    4. Re:Decency Trumps Anonymity by pbhj · · Score: 1

      You called me a "cad", you sir resemble your very insult.

      Being unkind, is, well, unkind. But if I have to visit your website for you to be unkind to me then I'll just not bother, simples.

    5. Re:Decency Trumps Anonymity by Just+Some+Guy · · Score: 1

      You want to call a lady a "skanky ho," try to damage her reputation, and then hide like a coward, you are a Cad.

      Being a cad isn't illegal. How much weight does the public put into name-calling from anonymous hecklers? Practically none. If anything, I'd say that it would carry more authority if the poster had actually signed his name to it, because then a named individual would be signing his name to the fifth-grade insults.

      I don't care who you are; someone on the Internet doesn't like you. What can suing them do other than to give their opinions a vastly larger audience?

      --
      Dewey, what part of this looks like authorities should be involved?
    6. Re:Decency Trumps Anonymity by MozeeToby · · Score: 2, Insightful

      What damage to her reputation? Do you really think that a movie director or fashion show manager is going to be looking for a model and turn her down because some random, tiny, once updated blog calls her a skanky ho? If I were looking for a model and saw that I wouldn't think anything of it, if I saw that she was a litigious, self-righteous pain in the ass (as evidenced by her overreaction to said blog), that would make me think twice about hiring her.

      If someone is posting false information that actually damages a persons reputation then sure, but this does not qualify.

    7. Re:Decency Trumps Anonymity by Volante3192 · · Score: 3, Insightful

      "I may not agree with what you say but I'll defend to the death your right to say it" is being replaced with "I do not agree with what you say and I'll sue you to death for my right to suppress it"

    8. Re:Decency Trumps Anonymity by 2obvious4u · · Score: 2, Interesting

      And then right back again.

      People need to grow some skin. Not everyone in the world likes you and not everyone is going to be nice to you. Calling you a "skanky ho" is not the same thing as falsely posting that contractor did shoddy work or that a politician had sex with you when he really didn't. In those cases there is actual damage being done. Calling someone a "skank", even if they are a model, on an internet forum or blog is par for the course. Get used to it and grow some skin. Hopefully she'll be picked up on south park and we'll see real hilarity ensue.

      I hope this gets picked up by 4chan. I bet they'd have some fun with it.

    9. Re:Decency Trumps Anonymity by Anonymous Coward · · Score: 0

      First they came for the cads, but I did not speak up. (What a cad!)

    10. Re:Decency Trumps Anonymity by Anonymous Coward · · Score: 0

      The defaming text was:

      She's a psychotic, lying, whoring, still going to clubs at her age, skank.

      While that's hardly gramatically correct English, it's clearly slander to accuse people of "lying" unless you can back it up with facts. I believe the other observations made above could be argued and won.

      Now... GWB is a lying war criminal from a family of Nazi sympathisers. Obama is Wall Streets front man, a lying puppet suspended infront of a incredulous public via Kissingers war crimes.

    11. Re:Decency Trumps Anonymity by Seumas · · Score: 1

      Congratulations on reaching epic proportions of stupidity.

      It's okay to have an opinion about some people and not others. RobotRunAmok will determine when it is and isn't appropriate.

      I have a better idea. Rather than social engineering everyone into being "nice" according to your particular judgement of "nice", let's stick with our current precedents which dictate that you are free to state opinion all day long, until you reach the point where your statements are no longer opinion but are libel/slander?

    12. Re:Decency Trumps Anonymity by Seumas · · Score: 2, Insightful

      I'm sorry, but that's not correct. I can call anyone names that I like. Whether they're "public figures" is not relevant. Are you seriously suggesting that every child on a playground or everyone who has had an unflattering opinion about someone that they've shared is looking at a potential valid lawsuit? I can say that I think Tiger Woods is a slut, but not your mom, because you'll sue? That's ridiculous.

      More frightening than violations of free speech are willful misunderstandings about free speech.

      Now, harassment is a different issue. But calling someone names or otherwise giving your impression and opinion of them alone is absolutely justified and acceptable. Combine that with other elements of harassment, and it may be a completely different beast. I'm completely willing to concede that calling me names and saying you think I'm a fuckwad asshole is fine while if you're posting that online *and* you're spending your weekends staring at me through my living room window as you stand just off of my driveway with binoculars while sniffing my used underwear and rummaging through my garbage can may be a major legal problem.

      And that is what we're missing here. It's bullshit to say there's anything legally wrong with saying ANYONE is a skanky ho - public figure or not. But if there are other compelling elements that the Judge and her legal representation have that the rest of us do not, it is just possible this whole thing could be justified.

    13. Re:Decency Trumps Anonymity by malkavian · · Score: 1

      No, people need to get some etiquette. It's there to try and make sure that in general, you don't accidentally upset someone you didn't know was actually a psychotic lunatic and would take your head off for no reason.
      Suggesting that people "need to get a thick skin" because being rude and obnoxious is fast becoming the norm isn't a solution (hey, there's a hole in the roof. Lets invest in better buckets).
      Now if people actually grew a backbone and realised that there's no earthly reason to hide behind semi anonymity and yell insults without fear of reprisal, then the world would actually become a more pleasant, easier place to live in.
      Instead, you seem to be proposing that you can be as obnoxious as you want, and it's everyone else's problem to deal with.

      So, correct in that not everyone's going to like you, or be nice to you.. But there sure should be a very good reason to be nasty to someone (rather than "just because I felt like it", which is a fast race to the dregs of the barrel).

    14. Re:Decency Trumps Anonymity by hessian · · Score: 1

      lady

      [ citation needed ]

    15. Re:Decency Trumps Anonymity by Rogerborg · · Score: 1

      There's a difference between calling them a name, and asserting to an audience that they are what you say that they are. The latter is what happened here. It's called defamation - the clue is in the summary - and the law predates the Constitution, let alone the First Amendment. I'd thought you may have heard of it.

      --
      If you were blocking sigs, you wouldn't have to read this.
    16. Re:Decency Trumps Anonymity by Rogerborg · · Score: 1

      You want to call a lady a "skanky ho," try to damage her reputation, and then hide like a coward, you are a Cad.

      Being a cad isn't illegal.

      No, but asserting that a lady is a "skanky ho" (also, "psychotic") is illegal, if untrue. It's called defamation. Do you want me to Google that for you?

      --
      If you were blocking sigs, you wouldn't have to read this.
    17. Re:Decency Trumps Anonymity by Aladrin · · Score: 1

      No it's not. Most people didn't agree with the first saying to begin with. There was just 1 really charismatic person that said it, and a few who kept it alive.

      Guess what? There are still people who believe that.

      It was never the country's motto, whatever you might think.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    18. Re:Decency Trumps Anonymity by Dragonslicer · · Score: 1

      There's a difference between calling them a name, and asserting to an audience that they are what you say that they are. The latter is what happened here. It's called defamation - the clue is in the summary - and the law predates the Constitution, let alone the First Amendment. I'd thought you may have heard of it.

      The issue in this case is whether or not the author made a false statement of fact about the model. "Psychotic" may be borderline, since it technically could refer to a diagnosis by a professional psychiatrist. "Skanky" is clearly not a statement of fact. "Ho" may be almost borderline. Personally, I wouldn't consider this libel, since I find it hard to believe that your average reader would interpret it as someone claiming that the model is a prostitute that has been diagnosed as psychotic. A good lawyer might be able to convince a judge and/or jury that these were intended as statements of fact, but I sure hope not.

    19. Re:Decency Trumps Anonymity by Anonymous Coward · · Score: 0

      Yes, people on the internet should be nicer to each other. But bad etiquette is not illegal.

    20. Re:Decency Trumps Anonymity by 2obvious4u · · Score: 1

      There are places where etiquette is required. Like the library, restaurants, court rooms, etc. However places where people can choose to ignore the medium are not those places. I can choose not to go to a website, subscribe to a twitter feed, choose a radio station and change the channel on the TV. If I want to broadcast garbage I should be able to and all that should happen is you ignore it if you don't like it.

      This rant brought to you by: thinkb4 youspeak

      No matter what you say you are going to offend someone. People need to learn to not be offended by others so that people can communicate, not the other way around. People shouldn't be forced to police their speech or their thought. Words change meaning and when police one word a new word will pop up to replace it. We aren't killing the meaning behind the words.

      I am not, nor should I be worried about some "psychotic lunatic". The lunatic that is offended enough to cause someone else physical harm should be locked up in jail.

    21. Re:Decency Trumps Anonymity by StikyPad · · Score: 1

      Well it's certainly damaged *my* perception of her. Before I read that article, I thought all models were sweet, angelic, well adjusted puritans. All of them but one, apparently!

    22. Re:Decency Trumps Anonymity by Myopic · · Score: 1

      Thank goodness you are a big time director looking to hire an attractive model for her acting debut! I'm sure this woman will be thrilled to hear from you!

      Oh wait, you're just some guy? A guy who isn't in a position to hire her? Then you are still entitled to your opinion, but it isn't relevant at all.

    23. Re:Decency Trumps Anonymity by martinX · · Score: 1

      "No, but asserting that a lady is a "skanky ho" (also, "psychotic") is illegal, if untrue."

      No, actually, it isn't.

      Ooooh, internet legal fight! Now I want a clean fair fight and no quoting from Wikipedia.

      --
      When they came for the communists, I said "He's next door. Take him away. Goddam commies."
    24. Re:Decency Trumps Anonymity by snowgirl · · Score: 1

      And Civilization lurches slightly forward.

      Lookit, you want to call Bush a Nazi Warmonger or Obama an Incompetent Puppet, or speak any kind of Truth to Power, I will be shoulder to shoulder with you on the ramparts in defense of your Freedom to Speak, you're a Patriot. You want to call a lady a "skanky ho," try to damage her reputation, and then hide like a coward, you are a Cad.

      The Internet has changed many things, but it has not changed everything.

      No. She called her a "skanky ho" in 5 posts all made on the same day, then walked away from it. The blogger obviously had no intent on injuring her reputation beyond simple insults. She also didn't hide like a coward, she hired an attorney in order to protect her rights, in that in order for an anonymous individual to be released in a pre-discovery action, there need to be a clear and substantive indication that a cause of action exists.

      Calling someone a "skanky ho" is not defamation. It's an insult, but it's not defamatory, and courts have upheld by and in far that the word "jerk" is a generalized insult, carries no meaning beyond simply insult, and thus is automatically a statement of opinion.

      With all this said... You, Sir, are a Jerk.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    25. Re:Decency Trumps Anonymity by Anonymous Coward · · Score: 0

      If you want to speak Truth to Power, don't preface your argument with personal insults or accusations you can't prove.

      The problem with the internet -- and even modern media -- is that it facilitates unaccountable speech and supercharges it with the power of free global publishing technology. What has occurred in this case is actually a perfect example of how a legal due process system should work. We need to keep refining ways of facilitating free speech -- even objectionable speech -- while maintaining boundaries that hold people accountable for what they say and do ... because speech always tends to precede action.

      The pity is that in a society that cherishes free speech, much of our media is populated by screamers and ragers, who drown out reasonable conversation and make it very difficult to find common ground in areas of disagreement.

  11. Not quite "Supreme" by Ollabelle · · Score: 5, Informative

    Keep in mind that, in New York, the "New York Supreme Court" is their trial court, and its rulings can be overturned on appeal.

    --
    Ibid.
    1. Re:Not quite "Supreme" by ral · · Score: 1

      Keep in mind that, in New York, the "New York Supreme Court" is their trial court, and its rulings can be overturned on appeal.

      Without a citation, I doubted this, but it's true: The New York Supreme Court is indeed a trial court and it is trumped by the New York Appellate Courts

    2. Re:Not quite "Supreme" by Anonymous Coward · · Score: 0

      And how do you return their anonymity?

  12. Struck me as sort of funny by hasbeard · · Score: 1

    I knew the site had been taken down, but I clicked on the link for the blog anyway. Blogger informed me that the blog wasn't available for viewing, but the blog title, skanksnyc was up for grabs.

  13. Dictionary, please by Anonymous Coward · · Score: 0

    her client voluntarily took the blog down when Cohen initiated legal action against it.

    I must have missed a meeting or something. Who redefined "voluntarily"?

    1. Re:Dictionary, please by localman57 · · Score: 1

      Nobody. "Voluntarily" means they did it before the court ordered them to. Just because I sue you and tell you to do something, it doesn't mean you have to do it. But if I sue you, and the Judge / Jury tells you to do something, then you do.

    2. Re:Dictionary, please by Anonymous Coward · · Score: 0

      Your honor, the plaintiff voluntarily handed me the keys to his car when I pointed a gun at him. Clearly he was under no obligation to do that, so it was a gift, not armed robbery.

    3. Re:Dictionary, please by Anonymous Coward · · Score: 0

      Fail. Your example would pass as voluntary if there were no gun involved. Had the psychotic skank ho pointed a gun at the blogger and demanded the blog be removed, then it wouldn't have counted as voluntary.

    4. Re:Dictionary, please by Anonymous Coward · · Score: 0

      The gun is an "incentive" just like legal action. Both make one thing very clear: If you don't comply, you're in trouble.

  14. Meet the new media : like old media by aepervius · · Score: 2, Insightful

    People here keep harping that the internet is no different than other media in Point of view of first admendment and right to privacy. The question IS NOT "is it fair that the anonymity was revealed" but the question IS would this with other normal older media be a ground for a libel/slander lawsuit or not ? Would a photo poster with the person with " is a psychotic skank" a ground for slander ? Forget the part where it is a blog. Think about what the LAW would be for the older media. And in such a case, I think there is a good ground to say posting poster with " is a psychotic skank" can be seen as slandering. Once you have that step, then be it a paper poster, blog, or graved on a stone.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
    1. Re:Meet the new media : like old media by jedidiah · · Score: 2, Interesting

      This isn't the Enquirer. This is some person with a copy machine and enough time to plaster those copies around a bit.

      The apparent lack of any real damages here seems to make this case ripe for summary dismissal.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Meet the new media : like old media by Seumas · · Score: 1

      I don't think the medium has anything to do with it. Slander and Libel do not change because it's done via print versus television or radio. This is either opinion or it is libel. Period.

      Calling someone names may be a dick move, but it's a dick move you should be completely free to make. Whether it's on the internet, facebook, myspace, IRC, Slashdot, the telephone, a tabloid, the school yard, a fanzine, the radio, a news paper op-ed piece or anything else.

      Of course, there IS a slight difference that makes these things very difficult in as much as someone who dislikes you personally saying something about you to a few mutual friends along the lines of "that person is a stinky fuckface" is one thing and saying it to a potential audience of billions is another. It is the same act and I personally don't think one should be actionable but the other shouldn't. But at the same time, knowing that there is someone with a grudge against you splattering it all over a resource that every person you may ever know could see it -- including potential employers -- is messed up. Imagine if every time you googled your mom's name on the internet, the first page of results included things about "Joan Smith blah blah is a dirty slut and probably loves to gobble cock!". It may be protected opinion... and yet... it just isn't right.

      I think that's why so many people are conflicted. It's like the case with the mom who pretended to be a teenage boy to engage in sexual discussions with a little girl and then drive her to suicide. It was entirely reasonable to wish the woman spent life in rape-your-ass-prison *AND* that she not be found guilty. Because while she was entirely wrong and evil, a judgment against her sets a very risky precedent for all of society.

      Grey areas are kind of not at all fun.

    3. Re:Meet the new media : like old media by Seumas · · Score: 1

      If only you could sue for having your feelings hurt.

    4. Re:Meet the new media : like old media by Draek · · Score: 1

      Would a photo poster with the person with " is a psychotic skank" a ground for slander ? Forget the part where it is a blog. Think about what the LAW would be for the older media.

      Dunno if it is, as I'm not a lawyer, but it certainly shouldn't be.

      --
      No problem is insoluble in all conceivable circumstances.
    5. Re:Meet the new media : like old media by Anonymous Coward · · Score: 0

      I can prove she is a psychotic skank. Therefore it is not slander or libel

    6. Re:Meet the new media : like old media by PhxBlue · · Score: 1

      Would a photo poster with the person with " is a psychotic skank" a ground for slander ?

      No. Statements of opinion, no matter how distasteful, are by definition not libelous.

      --
      !#@%*)anks for hanging up the phone, dear.
    7. Re:Meet the new media : like old media by Anonymous Coward · · Score: 0

      When in print it's LIBEL, not slander.

    8. Re:Meet the new media : like old media by Anonymous Coward · · Score: 0

      I respectfully disagree. Calling some a skank or psychotic is really not all that different from calling them a jackass or a douch or whatever insult you can come up with. Sure it's insulting, but it's name calling and I'm pretty sure we learned something about that in grade school. It is NOT slander or defamation. If it were, than everyone would be guilt at some point or another for calling someone a dirty name.

      You are right though that the media it is transmitted on should not matter.

    9. Re:Meet the new media : like old media by snowgirl · · Score: 1

      People here keep harping that the internet is no different than other media in Point of view of first admendment and right to privacy. The question IS NOT "is it fair that the anonymity was revealed" but the question IS would this with other normal older media be a ground for a libel/slander lawsuit or not ? Would a photo poster with the person with " is a psychotic skank" a ground for slander ? Forget the part where it is a blog. Think about what the LAW would be for the older media. And in such a case, I think there is a good ground to say posting poster with " is a psychotic skank" can be seen as slandering. Once you have that step, then be it a paper poster, blog, or graved on a stone.

      Insults are statements of opinion, and thus not subject to claims of defamation. The point here is that the judge (yes, I read the court order) states that the word "skank" is a statement of fact and not opinion, and that the blogger were impugning the sexual chastity of the model. As well, that "ho" is a statement of fact equivalent to calling the person a "prostitute".

      The question here is if "psychotic skanky ho" should be viewed the same as "psychopathic promiscuous prostitute" or rather should be viewed the same as "psychotic fucked-up jerk". I think any reasonable person would side with the point that the phrase is intended as insult and offense, but not as a statement of fact.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
  15. Wow by pete-classic · · Score: 1

    Before I read this story, I had never even heard of this psychotic skank! That ho should fire her PR guy and hire her lawyer in his place!

    Trick-ass bitch.

    -Peter

  16. Free Speech by AlHunt · · Score: 4, Insightful

    In my view, we should now preface everything we say with "I think" or "In my opinion". I think. In my opinion, we would then be immune from such lawsuits, which I think are idiotic. At least that's my opinion. Hereby released into the public domain, in my view.

    --
    1 in 4 Maine children in struggle with hunger.
    1. Re:Free Speech by gubers33 · · Score: 1

      I agree that the blog would be put in the realm of free speech. I mean everyone is entitled to their opinion of other people. If this case were to go through and win it would set the precedent that you could sue anyone who has a bad opinion about you for defamation. I mean the KKK's website insults anyone who isn't a white redneck. (whoops the KKK can now sue me for defamation). Why the judge is even allowing this is beyond me.

      --
      Just because you are wrong and I called you out on it doesn't mean I am a Troll.
    2. Re:Free Speech by BlackSnake112 · · Score: 1

      Maybe since some people want blogs to be credible news sources, that is is an issue?

      If a blog is an opinion written by someone then this court ruling should be tossed out.

      If a blog is a credible news source then this court ruling is correct and should be carried out.

      Pick one you cannot have it both ways. Blogs are opinions or credible news sources. Blogs cannot change from one to the other depending on the situation.

    3. Re:Free Speech by MiniMike · · Score: 1

      I have a copyright on that opinion, as well as a patent on use of "I think" or "In my opinion" for prefacing sentences. At least I think I do. My lawyers will be contacting you shortly...

    4. Re:Free Speech by Anonymous Coward · · Score: 0

      Why the judge is even allowing this is beyond me.

      Because people in power are afraid of the internet and want to control it?

      Because judges are from generations that only know the internet from TV and think it's something like a newspaper on a computer?

    5. Re:Free Speech by Seumas · · Score: 1

      Or just have every email and online post you ever make tagged with a line in your signature that your "above comment is a personal statement of my opinion and nothing more"... or something.

    6. Re:Free Speech by mea37 · · Score: 2, Funny

      That's a fascinating opinion. The legal fact is, you would not be immune from prosecution.

      What matters isn't whether you claim the statement is one of opinion vs. fact. What matters is whether the statement itself conveys a matter of opinion or a matter of fact.

      I do believe that the vast majority of ideas you might want to express can be framed properly as an opinion, but starting your sentence with "it is my opinion" isn't enough to keep you safe.

      "It is my opinion that John Smith is a terrible businessman" may be safe; "it is my opinion that John Smith loses money for all of his clients" probably isn't.

      The line is blurry, of course, which means even if you're on the right side of it, you may end up in court. So perhaps instead of trying to be coy, you should just consider not slandering those you dislike. It's just another approach you might consider.

    7. Re:Free Speech by Anonymous Coward · · Score: 0

      Blogs cannot change from one to the other depending on the situation.

      Sure they can. Just like some people are more credible than others, some blogs are more credible than others. This is not hard to figure out.

    8. Re:Free Speech by sorak · · Score: 1

      In my opinion, you are a child molester. I think you had sex with a three year old, and it is a statement of opinion, not fact, that you painted antisemitic imagery on your bedroom wall.

      I don't think your suggestion will work.

    9. Re:Free Speech by ehiris · · Score: 1

      Alleged skank until they go to court.

  17. Legislating "Celebrity" by RobotRunAmok · · Score: 4, Insightful

    In this instance, not only is calling someone a "skank" an opinion, but the person - as a model - is essentially a public figure.

    Is she a celebrity? I've never heard of her. My wife does voice-over work and is a news anchor on a bunch of local radio stations. You've never heard of her, but is she "essentially a public figure" and fair game? I know dozens of people who act in and produce independent films, they're all over IMDB, you've never heard of these performers, but they're professional actors and movie producers. Are they "fair game?"

    How many people have to recognize your name before you are a "public figure" and thereby forfeit your right to know the identify of your accusers?

    1. Re:Legislating "Celebrity" by Seumas · · Score: 2, Informative

      Yes, news anchor is a public figure. A CEO of a large company is a public figure. A journalist is a public figure. A radio DJ or talk show host is a public figure. A model is a public figure pretty much by definition. Of... you know.. modeling stuff... to the public... to get attention... for a company or product.

      She may not be Elle McPhereson, but she's still a model. The same way a radio host is a public figure, even if they're not Howard Stern.

    2. Re:Legislating "Celebrity" by pilgrim23 · · Score: 1

      Yes, you had never heard of her. But now you and everyone else HAS. This may be what it claims to be, or it may be a Streisand Effect orchestrated by the model's own manager. - This just in "Irving Forbush the well known public figure(?) is suing (enter media outlet du jours) for what they SAID!"... Irving who?

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    3. Re:Legislating "Celebrity" by jhol13 · · Score: 1

      Hmm ... maybe we should disallow people from saying "actor/actress in someobscurefilm sucks bad"!?
      Gimme a break!
      Saying only "skank" over anybody is so lame that the judge should have thrown the case out immediately.

    4. Re:Legislating "Celebrity" by Kjella · · Score: 1

      That depends entirely on context. The local town newspaper could probably get away with calling many more a "public figure" in the community than the New York Times. People that have put themselves in the spotlight rather than being dragged into a public role have a weaker case. Pretty much anyone in the entertainment industry trying to catch exposure end up a public figure pretty quick, which probably applies for a model. Probably not by just walking down a catwalk or appearing in an ad, but once you start doing interviews and so on then sure.

      --
      Live today, because you never know what tomorrow brings
    5. Re:Legislating "Celebrity" by bhsx · · Score: 4, Insightful

      The problem is that you are saying there is a line that gets crossed by the "public figure" making them fair game. Where is the lane? It's a fair question. Who isn't a public figure? If you smiled for a picture you're "modeling" and if that picture ends-up on Facebook are you fair game?
      EVERYONE is a public figure.
      Richard Daley, Mayor of Chicago, is a public figure.
      Late retired Chicago Fire Department Commissioner Rober J. Quinn was a public figure.
      My father was Quinn's right hand man... Is HE a public figure?
      My father also helped organize the Chicago Firefighter strike of '78 ... we had hundreds of firemen in our house on any given night; does THAT make him a public figure?
      What about the other firemen that were at my house? They're public servents, doesn't that make them public figures?
      I was in a few plays and musicals in college, does that make ME a public figure? (or gay? no, definitely not gay!)
      What about anyone who posts in a public forum? Are THEY public figures?
      Are you catching my drift?

      --
      put the what in the where?
    6. Re:Legislating "Celebrity" by DriedClexler · · Score: 1

      She may not be Elle McPhereson, but she's still a model. The same way a radio host is a public figure, even if they're not Howard Stern.

      Great! Because I think RobotRunAmok's wife's voiceovers on the news make her sound like *such* a slutty skank! Now I can say so with impunity!

      --
      Information theory is life. The rest is just the KL divergence.
    7. Re:Legislating "Celebrity" by Anonymous Coward · · Score: 0

      This is simple to understand:

      1. become an attractive but unknown model
      1. anonymously post defamatory slander about yourself on a blog
      2. sue the anonymous blogger for slander
      3. count on the 24 hour news cycle and/or the "Streisand effect" to generate free publicity
      4. rest secure in the knowledge that American Justice will protect your anonymity
                    -or-
              get even more free publicity when a judge forces you to reveal your shameful secret

    8. Re:Legislating "Celebrity" by davester666 · · Score: 1

      Posting non-AC comments on Slashdot makes you a public figure!

      --
      Sleep your way to a whiter smile...date a dentist!
    9. Re:Legislating "Celebrity" by Verdatum · · Score: 2, Informative

      The concept of a Public figure is nothing new. It's a legal term; there is legal precedent used to clearly define it. It's not as blurry a line as you might think.

    10. Re:Legislating "Celebrity" by Just+Some+Guy · · Score: 3, Funny

      My father also helped organize the Chicago Firefighter strike of '78 ... we had hundreds of firemen in our house on any given night

      Isn't that against code?

      --
      Dewey, what part of this looks like authorities should be involved?
    11. Re:Legislating "Celebrity" by Anonymous Coward · · Score: 0

      (or gay? no, definitely not gay!)

      Protesting a bit too much?

      Okay, technically, a bit too emphatically.

    12. Re:Legislating "Celebrity" by Nyder · · Score: 1

      tl;dr

      but from what i gathered at a quick glance, you want to know if your gay because you used to entertain a bunch of firemen at your house?
      And you did musicals and plays with them?

      ya, sounds pretty gay to me.

      --
      Be seeing you...
    13. Re:Legislating "Celebrity" by Anonymous Coward · · Score: 0

      Yes, news anchor is a public figure. A CEO of a large company is a public figure. A journalist is a public figure. A radio DJ or talk show host is a public figure. A model is a public figure pretty much by definition. Of... you know.. modeling stuff... to the public... to get attention... for a company or product.

      She may not be Elle McPhereson, but she's still a model. The same way a radio host is a public figure, even if they're not Howard Stern.

      What is the difference between someone who is not a public figure and an Anonymous Coward?

  18. or be a member of Congress by Shivetya · · Score: 1

    and use the power of your office to intimidate others.

    There are all sorts of way to have power over people but none are as rewarding as having that power because they choose to work for and with you.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  19. Why some old advice is still very relevant by managerialslime · · Score: 2, Insightful

    Internet anonymity exists only until people in authority decide to unmask it. While slash dot has hosted many a discussion about forwarding and posting services, none appear in the long run to be absolutely immune to eventual revelation.

    The lesson here is simple: Whether you are a "whistle blower" of government or business abuse, a "wannabe" revealer of crime sources, or (apparently in this case) someone who desires to slander, libel, or otherwise defame someone without justification, you will remain anonymous only until someone in authority decides otherwise.

    For those in this forum who use other examples of people who appear to have successfully used web anonymity, be cautious before drawing premature conclusions. After all, in any given case, who is to say that someone who thinks they have been anonymous for the last five years is not merely in the middle of a 6 to 10 year investigation that includes secret monitoring by federal authorities?

    In the end, the old advice still stands, "do not post anything that you would not want attributed to you on the evening news at the worst possible time and with the most unkind possible bias."

    --
    Live Long and Prosper - Thanks Leonard. You are missed.
    1. Re:Why some old advice is still very relevant by Anonymous Coward · · Score: 0

      If you know how to do it, you can get enough anonymity for all relevant occasions. Just involve enough different continents.

      Sure, if you say something somebody in your country does not like and you only use a service in the same country, chances are there is no anonymity.

      Why would a VPN provider in eastern Europe care to do something a court in the US asks them to, though? Or the proxy provider in asia? Or the Tor nodes across south america?

    2. Re:Why some old advice is still very relevant by Anonymous Coward · · Score: 0

      "In the end, the old advice still stands, "do not post anything that you would not want attributed to you on the evening news at the worst possible time and with the most unkind possible bias.""

      This is really nonsense. I can look back on some internet stuff (memes, for example) that I am now ashamed of. The same goes for many other things: so I should just not speak at all then?

      People need to understand that anonymous internet postings are of no real value and are soley there for entertainment purposes. Otherwise, our beloved (well, for some, anyway) 4chan would die out in days.

  20. what if she is a skank by pbhj · · Score: 4, Funny

    This is going to be awesome if it goes to court and the court rules that she is, in fact, "a skank".

    I can see the T-shirts now ...

    1. Re:what if she is a skank by snspdaarf · · Score: 1

      Like the Velvet Jones trial?

      --
      Why, without your clothes, you're naked, Miss Dudley!
    2. Re:what if she is a skank by Anonymous Coward · · Score: 1, Funny

      I seem to remember a case similar to that. There was a band that performed, and a review was written about it that said something like "... horrible cords of demons as if satan himself were performing" or something like that. They sued for libel. During the proceedings, the judge asked them to perform for him, then ruled that it was, indeed, not libel.

  21. When I see a blog attacking a single person... by jbezorg · · Score: 2, Insightful

    My initial thought isn't that the subject of the blog is the one with the issues.

    --
    I've lost all my marbles except one & It's fun to test angular & centripetal acceleration in my skull
  22. It's people like you that make this a bad ruling by hamburgler007 · · Score: 5, Informative

    Basically what you are saying is that if I say something insulting and demeaning about someone, and you agree, it is gravy. But if you disagree with me and find it indecent it is a completely different story.

  23. Liskula Cohen by Anonymous Coward · · Score: 0

    What a psychotic skank. I bet she's a cold fish in the sack. If you can't take the heat, get out of the limelight, you frigid bitch.

  24. should have by zcold · · Score: 1
    --
    you know you can fry stuff putting things into things that dont like the things you put into it...
  25. So much for our Constitution. by geekmux · · Score: 2

    Uh, so the jist of this is, someone called someone else some names "out loud" (legal-beagle bullshit between verbal and print aside for a moment), and for some fucking reason this manages to bypass the 1st Amendment?

    Uh, anyone else wanna get in line with me to bitch-slap the shit out of this legal ruling all the way back to 1964?

    Give me a fucking break. I'd like to find the moron twitness they're going to bring in to give me the "legal" definition to prove she's NOT a "Skank" or "Ho". What, are they going to consult the Urban Dictionary and Wikipedia as a reference for those, or does Webster stand as a more definitive source? If she's fucked more than 3 guys this year, does that qualify as "Ho" status, or does she need a pimp? Then again, don't all models have a "pimp" of some kind anyway?

    Nevermind the fact that she's a model, and therefore should legally fall under "public figure" with regards to libel/slander/defamation. However, if she would prefer NOT to be a public figure, keep pushing, and I'm sure you'll manage to burn all your bridges for model work in the future.

    Fuck, seems my sig manages to ring true every day...

    1. Re:So much for our Constitution. by snowgirl · · Score: 1

      The Hon. Judge Joan Madden used www.dictionary.reference.com in order to get the definitions, which she provides in her court order as: skank "one who is disgustingly foul or filthy and often considered sexually promiscuous. Used especially of a woman or girl." and "ho" as a "slang" word equivalent to "prostitute", and that "whoring" is "to associate or to have sexual relations with prostitutes" or "to accept payment in exchange for sexual relations."

      I'm incredibly surprised that this judge did not consider these words to be equivalent to general insults such as "jerk".

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
  26. Cry me a river by kheldan · · Score: 1

    Sob! they're calling me names on teh interwebs! I'm-a sue them for it! I'm-a get me all lawyered-up and sue them for defamation WAAAAAAAAAAAAAAH!!!
    Come ON, people! First they create the 'crime' of cyber-bullying, now you can't have a negative opinion of someone without it becoming something you can sue someone in civil court over?
    When I was growing up, you were considered a loser if you went crying to an authority figure because some other kids were calling you names. We're talking about adults here, people! More to my point, we're talking about someone who is, in many respects, a public figure: she (ostensibly at least) puts herself before the judgement of the public on a routine basis because it's her job to do so; while I'm sure it's the aspiration of every model to be universally accepted and desired, the reality is that there are people who are NOT going to like someone; so what do you do? Do you (A)Accept that's life and move on, or (B)Sue everyone in sight who has something bad to say about you?
    Oh, and for the record: I looked her up on Google Images, and I don't think she's attractive at all! Oh no I'm-a gonna get sued now aren't I, whatever will I do? XD
    Grow up, honey, it's a tough world out there.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    1. Re:Cry me a river by AP31R0N · · Score: 1

      "Sob! they're calling me names on teh interwebs! I'm-a sue them for it! I'm-a get me all lawyered-up and sue them for defamation WAAAAAAAAAAAAAAH!!!"

      My guess is that you were a bully. Or were bullied and are now trying to puff up to show how tough you are now. But you've missed the point of the issue entirely. Read more of the thread because speaking in it is not your strong suit.

      "Come ON, people! First they create the 'crime' of cyber-bullying, now you can't have a negative opinion of someone without it becoming something you can sue someone in civil court over?"

      Emotional and physical pain are the same. Just because there's no blood does not mean there is no pain. And again, you've missed the point. You can have a negative opinion of someone all day long. Whispering your opinion to a friend or discussing it at dinner is also fine. Spouting it on the internet is not fine for the same reason as printing it in the New York Times is not fine. It's called defamation and it is illegal (because it's wrong (it's wrong because of the golden rule)). It's easy for you to be cavalier because it's not happening to you. i notice that you're not using your real name here on /.. In part because you don't want loonies to come looking for you and in part because you want to be an asshole and hide behind anonymity.

      "When I was growing up, you were considered a loser if you went crying to an authority figure because some other kids were calling you names. "

      And who complains about tattle tales? THE OFFENDERS! It's the bully who decides that tattling is "bad". It's the mafia boss that decides that snitching is bad... because they want their offenses HIDDEN! They don't want to be held accountable for their wrong doing.

      "We're talking about adults here, people! More to my point, we're talking about someone who is, in many respects, a public figure: she (ostensibly at least) puts herself before the judgment of the public on a routine basis because it's her job to do so; while I'm sure it's the aspiration of every model to be universally accepted and desired, the reality is that there are people who are NOT going to like someone; so what do you do? Do you (A)Accept that's life and move on, or (B)Sue everyone in sight who has something bad to say about you?"

      You wouldn't question the model's right to sue the New York Times or the Mirror if they did this.

      Free speech does not cover slander, libel and defamation. Of public OR private figures.

      "Oh, and for the record: I looked her up on Google Images, and I don't think she's attractive at all! Oh no I'm-a gonna get sued now aren't I, whatever will I do? XD
      Grow up, honey, it's a tough world out there."

      So if i hit you with a bat, i'd get to say "toughen up, Nancy", and you'd reply "oh right, I should stop being a wuss"? Grow up.

      --
      Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
  27. Maybe..maybe not by managerialslime · · Score: 1

    I believe both should be covered by the 1st amendment. Google should have gone to bat for the blogger.

    The body of law that has evolved around the 1st amendment clearly provides different laws to different people depending on their role in society. The most commonly referred to categories are politicians, public figures, and private citizens.

    The courts have found that the "public interest" related to finding things out about our politicians is so compelling, that one can say or publish almost any falsehood about them without fear of prosecution. The theory here is that the harm to such individuals (Can you say Swiftboat?" Sure, I knew you could,) is outweighed by the benefit of public revelations of government crimes. (arms-for-hostages, lies about opponents having Black-ops prisons, torture of prisoners, etc.)

    People who are "merely" public figures (Paris Hilton, for example) actually do have more rights than politicians and are sometimes successful in suing those that have wronged them via slander or libel.

    People who are generally accepted to be private citizens have even more rights as they are not perceived to have the resources or media exposure to correct falsehoods published about them. In addition, the law continues to evolve and for the last forty or so years, private US citizens do have some degree of a "right to privacy," although nowhere near the degrees of our brothers in Europe.

    --
    Live Long and Prosper - Thanks Leonard. You are missed.
  28. Opinion vs. Fact by Hatta · · Score: 1

    I was under the impression that it's perfectly legal to state unkind opinions of others. Calling a woman a skank and a ho are matters of opinion, not fact. If you've seen Penn & Teller's Bullshit! you know that they call people "assholes" instead of "liars" for this reason. You can't sue someone for calling you an asshole. I don't see why you should be able to sue someone for calling you a skanky ho either.

    --
    Give me Classic Slashdot or give me death!
    1. Re:Opinion vs. Fact by Myopic · · Score: 1

      Yes you are right about opinion versus fact, but I think the crux of the judge's decision is that the statements were statements of declaration, not opinion; but that the declarations were factually false. I haven't read the blog, so I can't actually critique the judge's decision, but if you say "The woman is a whore", then that could be construed as a declaration or as an opinion, probably depending on context. If you get more explicit, such as "The woman enjoys distributing oral sex for small sums of money", then that is a little farther down the line. You will probably agree that it would be a declaration if the blogger wrote "I personally witnessed the woman exchanging sexual favors for monetary compensation, which qualifies her as a professional prostitute." I don't know exactly how the sentences were phrased.

      Remember, the judge didn't rule against the blogger on slander grounds, merely he ruled for the plaintiff to allow the lawsuit to take place, which of course means the defendant must be identified.

  29. Not quite the same by crimperman · · Score: 1

    [pedantry] Slander is spoken, a blog post would therefore be libel. [/pedantry]

    There is one significant difference between the World Wide Web and traditional media: globalisation. What you describe is a fine comparison if both the victim and libeller reside in say the USA but what would happen here if the blogger was not in the USA, perhaps in a country where there is no first amendment or right to privacy (like say the UK*). Google can provide the IP address, the US Court can authorise the revelation of their name and address but how simple is it for the model to sue somebody for libel if that person resides outside the model's country?

    I'm by no means condoning their behaviour - just wondering what happens if say a UK newspaper libels a citizen of the USA? Presumably in that case the US Citizen attempts to bring a libel in the UK because the libel would not have been published in the USA. So what happens when the blogger is from the USA and (as is *not* the case here) the blog is also outside the USA? In that aspect the World Wide Web is quite different from other media, wouldn't you say?

    * IANAL but as far as I can tell there is no legislative rule in the UK which guarantees citizen's right to privacy in the way that the first amendment does in the USA. Heck we don't even have a constitution

  30. It's times like this when... by aztektum · · Score: 1

    I am reminded of this

    Granted that case is more about emotional distress than "defamation of character", but since I hadn't even heard of her and I had heard of Falwell... well how defamed can this chick really be? If someone in her industry really believed little bits of bullshit on a blog and didn't hire her, then maybe. Can you be subject of libel or slander if it doesn't cause you any damage?

    Obviously IANAL

    --
    :: aztek ::
    No sig for you!!
  31. A dangerous road by Hungry_Myst · · Score: 1

    'The protection of the right to communicate anonymously must be balanced against the need to assure that those persons who choose to abuse the opportunities presented by this medium can be made to answer for such transgressions.'

    This is a dangerous road to go down. "Yes you have anonymity, unless you say something we don't like. Then we get to sue/jail/etc. you". Not many people will get upset over something like this, where what's being said is truly distasteful. But in order for people to truly have "free speach", we need to be given true anonymity unconditionally.

    1. Re:A dangerous road by Jerry+Rivers · · Score: 1

      "But in order for people to truly have "free speach", we need to be given true anonymity unconditionally."

      "Free speach"(sic) has always stopped at slander, libel, and yelling fire in crowded theaters. If you don't do these things then you have no fear of having your identity revealed. However, if you walk down that road, then you risk letting courts decide your culpability, anonymous or not. You should not be free to knowingly publish lies about someone else, especially when those lies seriously harm someone's career.

      --
      The pursuit of absolute tolerance leads to the most rigorous and ludicrous intolerance. - REX MURPHY
    2. Re:A dangerous road by Hungry_Myst · · Score: 1

      I wasn't necessarily talking about the United States' definition of free speech, but perhaps I could have used a better word. I'm trying to make the point that no one, not even the government, should be able to prosecute you for what you say (or think as the case may be). The problem isn't so clear in most modernized countries, but what about cases where the government's idea of prosecutable speech goes beyond slander? North Korea and China come to mind. If anyone (the government or otherwise) has the means to track you down, then eventually it will be abused. This is a difficult point to argue over something like this (I'm in no way defending what this guy did). But when you start to make exceptions someone is bound to eventually make an exception that you don't like. The best way to prevent abuse is to make it impossible to make exceptions in the first place.

  32. Ex-model by Animats · · Score: 3, Insightful

    She's in the miserable position of being a 36-year old second-tier ex-model. That's tough.

    Modeling is a low-paying job, except at the top. The top 100 models make real money. The next 500 models do about as well as a successful office worker. Below that, nobody is making real money. The pay is high during work, but there are long dry spells. It's like acting in that respect. In LA, you meet broke actress/model/waitress types so often that it's a cliche.

    The work isn't really that much fun, either. Most models aren't doing fashion shows; they're doing catalogs and ads. "OK, next is dress DL-3342, blue, and hurry it up, we have fifty more to shoot before lunch."

  33. Whoops! by Sj0 · · Score: 0, Flamebait

    It's interesting, by using the legal system to try to destroy this blogger for juvenile insults, the model actually proved she's a psychotic skank ho.

    Isn't that funny? The psychotic skank ho only had grounds to sue until she actually sued.

    Poor psychotic skank ho. I feel sorry for her psychotic skank ho ass.

    --
    It's been a long time.
  34. History by johndiii · · Score: 3, Informative

    Cohen had her face face slashed in a bar a couple of years ago (also here). My guess would be that this lawsuit was an effort to find out if the same guy was after her again.

    There's a little more to this than anonymous insults on the Internet, and in this case it is probably justifiable to reveal the blogger's identity. Ideally, the police would look into it and determine whether or not the blogger is a threat (without making his identity public), but they likely do not have time to investigate anonymous Internet insults.

    --
    Floating face-down in a river of regret...and thoughts of you...
  35. Spartacus by Anonymous Coward · · Score: 0

    I am Anonymous!

  36. Every Man a Television Station! by MarkvW · · Score: 1

    Now, every man now can easily be his own television station. A guy with a wireless internet connection in New Zealand can broadcast to Uzbekistan, Iceland, and Santa Barbara.

    The quality of that man's Internet TV station, right now, is better than very much TV reception was from the 50s through the 70s. The potential audience is vastly greater than it was then.

    The ability of people to hurt other people through defamatory statements hasn't changed over the years. People certainly haven't become less vulnerable to the damage that can be caused by defamation.

    The law is not likely to protect people who cause harm through defamatory statements, just because the defamer has taken great pains to make his or her defamatory statements anonymously. There has been no hint of movement in this direction.

    The problem here is that an awful lot of people defame an awful lot of other people all of the time. I don't know how many times I defamed Woody Hayes while he was alive . . . (and he deserved it)! These little defamatory things usually never hurt anybody, never get related to too many people, and never cause enough damage to support a lawsuit.

    But now every man is a television station! Every man can reach the world!

    It's like putting termonuclear defamation power in the hands of every nobody who lives in Toronto! Until recent times, the average man never had such power to defame. Only the rich had that power--and they watched their mouths because they didn't want to get sued and lose their money!

    If the law changes in a manner that gives the internet blogger anonymity, then the anonymous blogger's defamation power is increased even more! That change will not happen. Elected officials (who are among the most defamed) are not going to provide it, that's for sure. They'd be among the first targets.

    So, anyway, now you have the power to communicate that once reposed only with the VERY rich! And now you've got the accompanying responsibility! Enjoy it and deal with it!

    Onward, bravely into the future!

     

  37. Anonymity is a Useful Tool for Good and Evil by CodeBuster · · Score: 1

    Does it strike anyone else as ironic that a government which supports development of technologies to circumvent the technical controls of information put in place by other governments would at the same time breach the privacy of a blogger? If the United States can so easily unmask a blogger then how do they expect to prevent countries like China and Iran from doing the same thing? If the technologies to enable anonymous speech become commonplace then they will be like many other tools, useful for doing both good and evil. The problem is that some people here in the United States want to believe that only the "good guys" can and should benefit from such technologies and that the "bad guys" must always get their due. Unfortunately, the real world is rarely so accommodating. Personally, I would prefer that privacy enhancing technologies such as onion-routing, strong cryptography, and public wireless be widely available, even if it means that the "bad guys" can use these technologies too. If that is the price of living in a free society then so be it.

  38. Anonymous defamation is not a right, full stop. by EWAdams · · Score: 2, Insightful

    Whatever right you may think you have to anonymity -- a dubious concept, just because you're used to it doesn't make it law -- it comes to an end when you defame someone. If you want to be anonymous, then behave yourself. Otherwise, man up and take responsibility for your actions.

    Anonymity is valuable in repressive regimes and when people need certain kinds of assistance -- like gay teenagers or people seeing advice about venereal diseases. But most of the time, it's pernicious.

    --
    I piss off bigots.
    1. Re:Anonymous defamation is not a right, full stop. by sl149q · · Score: 1

      The problem lies with laws protecting ISP's from being liable for posting by end users, not being required to remove anonymous postings that may be libelous, rely on the 1st amendment to leave the postings online and not being required (up till now) to reveal who originated the post. Then search engines get involved and you get widespread dissemination of the libel forever.

      If you are libeled then you need to have some recourse. Either to the originator of the post or to the place that the information is being maintained (ISP or website) or indexed (search engines).

      This can be limited to requiring IP addresses or Email addresses for the poster or at a minimum removal of the offending information.

    2. Re:Anonymous defamation is not a right, full stop. by Anonymous Coward · · Score: 0

      Yes in free societies we should censor speech, have universal surveillance, ban weapons, etc. because individual rights only apply in dictatorships! Anonymity is a right that cannot be taken away, although in your socialist totalitarian fantasy the government would try. Also I'd like to declare to the general public and posterity that you are bastard for impregnating my cat .

    3. Re:Anonymous defamation is not a right, full stop. by Anonymous Coward · · Score: 0

      Seems I have a slightly different understanding of "defamation" than you.

      Having some random blogger say bad things about you doesn't do damage to your character or reputation, doesn't deny you work, and shouldn't cause you undue personal stress.

      This isn't some authoritative source (like a magazine) running an article about what a horrible person the model is. It's today's equivalent of the drunk on the corner spouting off about how much he hates the guy in the red car.

      If it was really targeted, like "On Janurary 15, 5pm, at Joe's Bar, the model had sex with 4 guys", then maybe I could see a possible defamation suit.

      But as is, it shouldn't be illegal to walk around with a "EWAdams is an asshole" T-shirt
      I. for one, don't want to live in a country where insulting someone can put you at the losing end of a lawsuit.

  39. Epic Fail by hasbeard · · Score: 1

    I disagree. I strongly believe the producing an internet-specific version of libel/slander would re-invigorate the paradigm, enable a net-new market, and actualize synergies of cross-medium defamation that would allow a best-of-breed convergence of mission-critical turnkey insult infomediaries while recontextualizing frictionless compelling channels.

    You left something out. You forgot to mention anything about "leveraging our key assets"

  40. What a psychotic skank by bluefoxlucid · · Score: 1

    Only a psychotic skank would sue someone for this shit. What damage was done? Did the AP pick up the story and run on the presses that she was allegedly a psychotic skanky ho bitch? ... well they did NOW ......

  41. Problem is: It's only defamation, when.. by Hurricane78 · · Score: 1

    ...it isn't true. ;)

    If I were the blogger, I'd prove my statements. If only for the fun of it.

    If it isn't you could get evil:
    Just get a good looking guy to sleep with her (assuming that she's a married woman), then let the guy act as if he assumed her to be a hooker, and pay her. This should result in her totally flipping out... Let it happen in plain sight. It should be enough to prove that you only stated known facts. :P

    But OK, I could not do that. But I would not be so stupid to state false terms without total anonymity in the first place. ;)

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  42. Sticks and stones by Haxzaw · · Score: 1

    Whatever happened to "Sticks and Stones may break my bones, but words will never hurt me"? Besides, if an anonymous poster says something bad about someone, where's the credibility? If her husband or boyfriend, or relative called her a psychotic, skanky ho, then there would be some credibility and folks might just believe it.

  43. Re:It's people like you that make this a bad rulin by Myopic · · Score: 2, Insightful

    Yes, that is pretty much the way American law is, and also the way American law should be (IMHO); and the important arbiter of the disagreement is truth. If she is, in fact, a skanky ho, then that will be demonstrated in court, and the skanky ho will lose. If she is not, in fact, a skanky ho, and that can be demonstrated, then the slanderer has in fact diminished her reputation, and is liable for that indecency. Furthermore, the law only begins to apply at sufficiently egregious degrees of speech, which will also have to be demonstrated to the judge. That is how it is, and how it should be (IMHO). Do you think it should be different? If so, do you think there should be no line at all (all slander is permissible) or do you think the line should be drawn somewhere else?

  44. 2 sides to this by dbet · · Score: 1

    You're right that, if you broke the law, you don't have a right to anonymity.

    The other side of the issue is whether or not writing down that someone a "ho" is a crime.

    I'm not sure I like the idea of violating privacy on the mere accusation of a crime.

  45. Freedom of speech by cyn1c77 · · Score: 1

    Karma's a bitch, trolls.

    People think that just because they can post things anonymously on the internet, it gives them the right to be an asshole and a toughguy at the same time. It must be upsetting to find that there are repercussions in all areas of life.

    I don't support the blogger's identity being revealed and think it is just an unstable model looking for publicity or revenge, but none of this would have happened if the blogger had shown some decency and restraint.

    Does that make revealing the blogger's name legal? Probably not. Is it right to go around slandering people on the web anonymously? Probably not. Looks like everyone is getting fucked equally!

  46. Proected speed == Protected people? by Concern · · Score: 1

    Anyone who'se been on the internet long enough will recall an argument or two where people got so mad at each other that they start threatening to sue or call the authorities. This is generally kind of funny - because you can sort of picture the look on the face of the cop or lawyer when you call them - "Someone has wilfully tarnished my good name by posting scurrilous insults about me on the Internets! How soon can they be clapped in irons?"

    To say this exchange happens once per second in this country is probably dramatically understating it. There are days when it may happen once per second on Slashdot alone. The plain fact is, even as a civil matter, we as a society can very rarely be bothered to go through the difficult process of handling an internet libel, slander or even harassment case.

    Yes, you have some theoretical recourse if someone google bombs your name with hate sites that accuse you of being an embezzling pedophile terrorist and feature your photo and home address prominently. For better or worse, even coping with such an extreme example is beyond the means of 99% of Americans - because of time and expense just for a start.

    My first reaction to Ms. Cohen's plight is, how on earth is she so lucky and/or special as to be able to face her insulter in court? At least there is a vaguely plausible theory - that she has already been a crime victim and has convinced cops and courts that there may be an ongoing pattern of harassment/violence by an individual. But she is astoundingly privileged among internet insult victims.

    And how lucky is she? One apparently needs to go the extremes of Pranket in order to get law enforcement to stir. In other words, 6 or 7 figures of property damage, or things like (no exaggeration, unfortunately) using social engineering to convince fast food employees to strip naked and pee all over each other).

    This is the tip of a very large iceberg. Just check out any random Encyclopedia Dramatica page. Seriously. No, really.

    --
    Tired of Political Trolls? Opt Out!
    1. Re:Proected speed == Protected people? by petermgreen · · Score: 1

      Afaict getting the cops to do something is much much harder than getting the civil courts to do something.

      That is one of the reasons you see lawsuits against music downloaders but you don't tend to see them getting arrested (another is the much lower burden of proof in civil court).

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  47. Re:It's people like you that make this a bad rulin by Tarsir · · Score: 1

    No, I believe the important distinction between calling Bush a Nazi Warmonger, and calling Liskula Cohen a skank is that the former is political speech, and the latter is just speech. Contrary to popular opinion, freedom of speech is not important because you have a god-given right to say whatever the fuck you want, but because suppressing criticism is a powerful tool for brutal tyrants to stay in power.

    Bush may or may not be a Nazi Warmonger, but if he were, it'd be crucially important that people be allowed to say so. Why is it important that you be able to call Liskula Cohen a skant?

  48. Re:It's people like you that make this a bad rulin by Anonymous Coward · · Score: 0

    No, but nice try on the straw man argument. GP made a clear and cogent distinction between a criticism of the public policy behavior of a public figure and a criticism of the private behavior of a private individual. Regardless, truth is an absolute defense to slander/libel charges, so in the event that Ms. Cohen is demonstrably a psychotic skank ho, then the blogger will win any lawsuit anyway.

  49. Well, it is true by Anonymous Coward · · Score: 0

    you seem to be forgetting the most important issue here, and that is the true fact that Liskula Cohen is a psychotic skank ho.

    Now come find me and do something!

  50. Perez Hilton anyone? by MrSmith0011000100110 · · Score: 1

    Am I the only one that see's a huge flaw in this? Perez Hilton and the gossip bloggers say stupid shit about celebrities on a daily basis and nobody sues them. This is a relatively unknown "model" and is suing some dipshit for blogging and calling her names? When did this cease to be the home of free press and free speech and become the whiney letigious asshole club. Oh yeah about the time the internet became popular... my bad

  51. no defamation by Anonymous Coward · · Score: 0

    IMHO, there can't be any defamation. She's already proven herself to be a psychotic skank ho by filing this lawsuit.

    1. Re:no defamation by Anonymous Coward · · Score: 0

      BTW, I posted this anonymously just to give the bitch's lawyers more to do.

  52. A relevant interview at On The Media by sl149q · · Score: 1

    See here for a relevant story by the folks at On the Media. http://www.onthemedia.org/transcripts/2009/08/14/01

    Transcript and audio are both available.

    They point out some of the defects of the Communications Decency Act with some similar case histories.

    What happens and what is your recourse when you are libeled anonymously online?

    What do you do when the owner of a website refuses to divulge who created the posting, refuses to remove it, has no liability for it and the search engines refuse to eliminate it from their results.

  53. Proven skank by Anonymous Coward · · Score: 0

    This lawsuit just proves that Liskula is a litigious skank.

  54. Defamation isn't a crime, it's a civil violation. by EWAdams · · Score: 1

    It's not a question of "accusation." In a civil case, the plaintiff has the right to know who it is that is causing him harm -- and you can't claim "privacy" as a way of shielding yourself from responsibility. If you publish something about someone else, you are responsible for what you say, and you should be required to stand behind it. If you want to keep your privacy, restrict your remarks to subjects that you can't defame, such as yourself.

    Writing that someone is a "ho" isn't a crime, but it's probably defamation in many jurisdictions. In California, for example, impugning the chastity of a woman is defamation -- and I suspect that applies whether she's a "public figure" or not.

    --
    I piss off bigots.
  55. Opinion by rsilvergun · · Score: 1

    If my opinion of the woman is that she is, in fact, a skanky ho, don't I have the right to express that opinion? If 'skanky ho' wasn't something inherently your opinion, I could see your argument. If I say RobotRunAmok is a Furry, and you're not, then yes, you have a case for defamation. If I say you're as weird as a Furry, well, now that's just opinion.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  56. Why is Alain9404 allowed to spam 200+ times /. ? by Anonymous Coward · · Score: 0

    Just curious. Too often when I see a first reply to a topic by Alain9404 it is either a link to fairsoftware in the "body" or he adds a sig (like now). How many buddies does Alain have here that support this behavoir? Since he seems to be the only one that keeps getting away with it.

    See also Google "[fairsoftware.net]" (between quotes).

  57. Watched the Interview.... by Anonymous Coward · · Score: 0

    the amazing thing that is helping to back her claims is "She lost work because of this blog" that no one ever read or cared about.
    And if the woman who posted it would apologize it would be ok.

    So a has been model claims shes not getting work because someone in 1 tiny corner of the internets said something mean about her.
    I hope they do go to trial, I want to see the Springer show as shes forced to call in all of her sexual partners for the last 5 years, so they can detail if she was skanky or ho-like.
    I want to see what HUGE opportunities she lost because someone found a not so nice reference to her posted by 1 person.
    I want to see this woman ripped to shreds for being the thin skinned whiny bitch she is...
    And it would be cool if the judge who ordered the identity released based on her silly claims of loss of work, has to answer for not verifying the facts in the case.

    Maybe when trying to make a comeback into being a celebrity, you should be a bit more rational.
    But hey you proved our court systems are filled with idiots who still don't understand the magic box on their desk with all of the answers....

  58. What i know of her by Anonymous Coward · · Score: 0

    Shes a skank shes a skank shes a skank. Slutty whore who loves sucking dick ass to mouth style. Skanky slutty slut. FFFFUUUUUUUUUUUU

  59. Answer. by Anonymous Coward · · Score: 0

    My wife does voice-over work and is a news anchor on a bunch of local radio stations. You've never heard of her, but is she "essentially a public figure" and fair game?

    Yes, your wife is a public figure and fair game.

    The minimum requirement is not multimillion-dollar award-winning international stardom.

  60. Re:Defamation isn't a crime, it's a civil violatio by snowgirl · · Score: 2, Insightful

    Writing that someone is a "ho" isn't a crime, but it's probably defamation in many jurisdictions. In California, for example, impugning the chastity of a woman is defamation -- and I suspect that applies whether she's a "public figure" or not.

    In the court order, the judge specifically states that impugnment of her chastity is the reason for granting the order.

    However, if she's a public-figure then it need be proven that it was done with actual malice, and not simply negligently.

    I find it more interesting that if you say that impugning the chastity of a woman is always wrong, what kind of insults can you hurl at her? All general insults for women are rooted in impugning the woman's chastity. Namely, "bitch" "ho" "skank" "slut"... the general insults of "jerk" "asshole" and "fucker" rarely are applied to women.

    To me, it takes more than simply using a word that is rooted in impugning the woman's chastity in order to actually impugn her chastity. One has to specifically specify that one believes that she is unchaste. Simply calling someone a "slut" often is not intended to be a statement of fact that she is unchaste... it's simply the insults that our language affords for women.

    --
    WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
  61. Insults for women. by EWAdams · · Score: 1

    I agree that sexual accusations are usually the first place that men go when insulting women, but not in absolutely every case, and not all insults aimed at women are sexually based. "Bitch" isn't sexual -- it implies viciousness. "Hag," "slattern," and "sloven" are three more. "Slut" actually used to mean "slovenly person" -- "dust mice" in England used to be known as "slut's wool" -- but has since taken on a sexual connotation.

    People might have called Margaret Thatcher a bitch, but to call her a slut or a whore would just be ridiculous.

    What about women's insults for other women? My guess is that they are usually based on looks or taste.

    --
    I piss off bigots.
    1. Re:Insults for women. by snowgirl · · Score: 1

      I agree that sexual accusations are usually the first place that men go when insulting women, but not in absolutely every case, and not all insults aimed at women are sexually based. "Bitch" isn't sexual -- it implies viciousness. "Hag," "slattern," and "sloven" are three more. "Slut" actually used to mean "slovenly person" -- "dust mice" in England used to be known as "slut's wool" -- but has since taken on a sexual connotation.

      People might have called Margaret Thatcher a bitch, but to call her a slut or a whore would just be ridiculous.

      What about women's insults for other women? My guess is that they are usually based on looks or taste.

      Very well "hag" is a nice general term for a woman, however it typically only applies to older women. Attempting to apply it to a younger woman would likely lead one to say "huh?"

      "Slattern" and "sloven" are off the list, because... I mean, come on, how many people hurling insults on a regular basis (and thus establishing the culture's swear words) actually know of these words in the first place?

      It doesn't take long for any term referring to women to obtain overtones of sexual promiscuity... a "courtesan" is just the female version of "courtier", "madam" now means a female pimp, and "mistress" is just the female version of "master".

      Women's insults for other women are all implicit attacks upon the non-chastity of the other woman. Seriously, that's all we ever bitch at each other about, really.

      It's like how guys always attack the sexual orientation of other men. "Dude, you're gay", or "You're a cocksucker", or "you're a fag".

      Human cultures and subcultures pick a meme to assault upon another person with, and stick with it with admirable determination.

      A question, would any of you think it appropriate to consider as defamation a picture of a guy grabbing his crotch with a caption reading, "gay butt-fucking faggot"? I think the very first thing that one would consider here, were that the author of the caption was not intending to make a statement of fact regarding the person's sexual orientation... yet apparently this judge feels that the same form of patently offensive speech against a woman is somehow a statement of fact.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    2. Re:Insults for women. by EWAdams · · Score: 1

      A question, would any of you think it appropriate to consider as defamation a picture of a guy grabbing his crotch with a caption reading, "gay butt-fucking faggot"? I think the very first thing that one would consider here, were that the author of the caption was not intending to make a statement of fact regarding the person's sexual orientation... yet apparently this judge feels that the same form of patently offensive speech against a woman is somehow a statement of fact.

      The author's intention is not at issue. What is at issue is how it is interpreted by the public. It would certainly be defamation in Iran, where homosexuality will get you the death penalty. It's not in California, where calling someone a homosexual is no more injurious than calling him or her "blue-eyed." One may not care for it, but one cannot sue over it.

      Personally, I think women ought to sue. I think taking a picture of someone and labeling it "skank" or "whore" is despicable and deserves to be punished, and if a few financially valuable websites went down in flames as a result, and a few people lost their houses, the others might clean up their acts. Free speech does not extend to defamation, nor should it.

      --
      I piss off bigots.
    3. Re:Insults for women. by snowgirl · · Score: 1

      Personally, I think women ought to sue. I think taking a picture of someone and labeling it "skank" or "whore" is despicable and deserves to be punished, and if a few financially valuable websites went down in flames as a result, and a few people lost their houses, the others might clean up their acts. Free speech does not extend to defamation, nor should it.

      DEFAMATION is wrong, and I agree... however insulting someone is not defamation. Just because someone posts something offensive about you doesn't mean that you have grounds to sue. The speech has to be intended to be taken as a statement of fact, and not opinion.

      This is why you can give a review of someone's performance and say, "it was an abysmal waste of my time." You are 100% protected to speak any and all of your opinions.

      You are however not allowed to make false statements of fact about someone else. So, even in Iran, if you're calling the guy a "cocksucking faggot" just because you want to insult the guy, and have no intentions that it be taken as literal fact, then it doesn't matter that Iran puts homosexuals to death. Unless you're specifically making the direct and real claim that he is a homosexual, then there is no defamation, because otherwise, it's just opinion.

      This is why Penn and Teller's Bullshit! calls people fuckers, assholes, and says what they're doing is bullshit. If they used non-patently-offensive terms, they could potentially be subject to a lawsuit for defamation. Claiming that someone is lying to their clients is defamation, but saying that someone is bullshitting their clients is a statement of offensive opinion.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
  62. Lol - wow by teamsleep · · Score: 1

    I saw a post that this is kind of similar to Perez Hilton is so true, really is. I mean who the hell gets this upset and sues someone for some silly images with ms.paint words on top.

    Get real lady, like you're the only person who's ever been insulted online, on a forum or some commenting section. If she somehow lost work over a blog, then she was never really getting work in the first place, right? Who was employing her? Paris Hilton? Give me a break.

    Plus, who the hell really gets that upset over some things that someone said online? Liskulallalaal who? looooool.

  63. By Neruos by Anonymous Coward · · Score: 0

    If the poster can prove with evidence in a court of law that the women is in fact a "psychotic," "skank," and "ho." then he will be cleared of the charges and she will be legally branded with the marks on her reputation. And by..

    "psychotic", Suffering from psychosis, literally means abnormal condition of the mind, and is a generic psychiatric term for a mental state often described as involving a "loss of contact with reality".
    "skank", Another word for "slut", A slang term for cheating, one that is an individual who is sexually promiscuous.
    "ho", Another word for "whore", shortend, Literal as prostitution, defined as the act of engaging in sexual activity in exchange for money or goods.

    She has a right to face her accuser, but she also has to defend her self from the accuser. Taking someone to court is a double edge sword, most Americans do not know this.

  64. Re:It's people like you that make this a bad rulin by Grizzlysmit · · Score: 1

    Basically what you are saying is that if I say something insulting and demeaning about someone, and you agree, it is gravy. But if you disagree with me and find it indecent it is a completely different story.

    yep why should we be allowed to defame anyone on the net or anywhere else the same rules for defamation that apply in general society should apply on the net and thats basically what the judge said. yah for a judge that got it right.

    --
    in my life God comes first.... but Linux is pretty high after that :-D
    Francis Smit
  65. Don't need sub-poena...outsource to India Police by Anonymous Coward · · Score: 0

    Liskula Cohen could have saved thousands of dollars by "outsourcing" all this to India. India Police (Cyber Crime) may not be exactly a private investigator, and they may have done that kind of thing for "extra credits", but I'm speaking of known situations here. In one case bloggers based outside India bad-mouthed the products/services offered by a private party, also based outside India. The private party had an Indian affiliate who complained to India Police (that is all we know, anything else remains hidden). India Police then (eagerly, surprise surprise!) requested Google for IP records. Google's Legal Investigation Support team (Google LIS) supplied the blogger IP records (under Section 91 of India Criminal Procedure Code), hardly any questions asked (surprise?, surprise?). The bloggers were not even based in India. India Police handed the IPs to the private party (mission accomplished). The bloggers were then harassed through a SLAPP-style suit tailored to force favorable settlements.

    So all that Liskulla needed was to go through an India outfit, get those India cybercops a little excited (remember that police malfeasance is already a big issue in India).

    Note: I am not actually suggesting that anybody take that route. I'm just alerting you all to the dangers of this, in public interest.

    Summary: India Police has rights over your IP records, and they are eager to ask for it. And Google obliges them. And you think you have free speech.

    I am of course, an Anonymous Coward.

  66. Involve enough continents and services... by managerialslime · · Score: 1

    Why would a VPN provider in eastern Europe care to do something a court in the US asks them to, though? Or the proxy provider in asia? Or the Tor nodes across south america?

    I love your optimism.

    According to National Public Radio, the Bush-ERA CIA operated prisons that held more than 15,000 "secret" prisoners in more than a dozen nations including Poland and other European countries, Saudi Arabia and other Middle Eastern Countries, and countries from other areas of the globe as well.

    Operating under the legal theory of "special or extra rendition," these individuals had (have?) no lawyers or contact with their families and were often tortured.

    And that is only what has come to light thus far!

    From Internet monitoring to cell phone records, the US' National Security Agency (NSA) monitors pretty much anything they want to world-wide.

    Nothing in what I've noted thus far even touches on US public and secret cooperations with security services in Britain, Israel, Saudi Arabia, Poland, etc.

    There is also the rarely examined "independent" companies that host law enforcement data and share with other organizations outside the scope of laws that prohibit such organizations from sharing such information or European laws that protect the privacy of the individual.

    I stand by my previous posting:
    In the end, the old advice still stands, "do not post anything that you would not want attributed to you on the evening news at the worst possible time and with the most unkind possible bias."

    --
    Live Long and Prosper - Thanks Leonard. You are missed.
  67. Re:It's people like you that make this a bad rulin by Anonymous Coward · · Score: 0

    slander is permissible and you should kill yourself

  68. Psychopath by conureman · · Score: 1

    At 37, this may be "last years model", and the fact that she "hasn't worked since" could have been a little bit mitigated by that. OTOH, the perp was a doorman, presumably large and tough. If he really had to retaliate for a drink splashed in his face, he did not need to smash a bottle in her face. Out here in The People's Republic of California, that would be prosecuted as aggravated assault with a deadly weapon, causing grievous bodily harm, or some such. I'd have this guy locked up for a while if I was in charge. YMMV. Thirty days and probation is appropriate for a crime like, STEALING her bottle, and smashing it on the floor.

    --
    The cost of that cleanup, of course, will be borne by taxpayers, not industry.