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Judge Rules Web Commenter Will Be Unmasked To Mom

LegalReader writes "An Illinois judge has decided that an anonymous commenter on a newspaper website will be unmasked, even though the mother of a teen about whom 'Hipcheck16' allegedly made 'deeply disturbing' comments hasn't yet decided whether to sue over the posting."

404 comments

  1. The judge seems to be entirely right by Kupfernigk · · Score: 2, Insightful
    This is surely the correct decision. In order to decide whether to sue, the mother needs to know who she might be suing. If the poster is autistic, disturbed or perhaps already in the court system for other offenses, the mother might decide to leave well alone. If the only way that she can obtain the identity is to file a suit, then there is no escape from legal proceedings.

    One reason freedom of speech needs to be protected is because it takes away an argument for anonymity - that anonymity is necessary for protection from the powerful. The only reason that anonymity should be permitted is when wrongdoing is being exposed and there is a possibility of extra-legal repercussions, or when a person with a public position needs to be able to express a view not representative of their public persona - as when, for instance, a politician wishes to contribute to a rational debate on drugs or abortion in a way that is not in accordance with the opinions of Rupert Murdoch. Civil society does not convey to teenagers an automatic right to post offensive, anonymous graffiti and that needs to be clearly understood.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:The judge seems to be entirely right by seifried · · Score: 4, Insightful

      You can always drop a civil suit. Personally I don't think a judge should be ruling on this until a suit is brought, otherwise can I just get a judge to unmask the identity of anyone online who says something mean about me so I can figure out if it's worth suing them or not? If the suit has merit then a Judge should have no problem with it.

    2. Re:The judge seems to be entirely right by CaptainNerdCave · · Score: 2, Insightful

      i can't tell if you're being sarcastic; however, combining your post with the quotation leads me to believe that you might not understand what freedom means.

      freedom means the freedom to make your own decisions, even if i don't agree with them. if someone can't handle that, perhaps they need to live in a tightly restricted community, or under a tyrant.

    3. Re:The judge seems to be entirely right by chichilalescu · · Score: 1

      yes, there is freedom in making your own decisions. the boy said to have the debate in person, and the other guy asked if he often invites people home. for me it's clear that the question has absolutely no connection with the debate, and it's just meant to hurt the boy. In this case, I wouldn't care who is who, once you say something with the intention of hurting the other person, you should say who you are. you are free to say it, but don't hide. let society decide if you are right in hurting the other person or not (society will be represented by a judge or a jury or whatever). so, to reiterate: the judge says "you hurt someone who proposed a debate, you do not have the right to be anonymous". I read the linked article, and another link from there, and I understood that the invitation was for a debate, not a fight. In this case, I agree with the judge.

      --
      new sig
    4. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      A fight is a continuation of a debate by other means.
      - Carl von Clevarwitz

    5. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 1, Insightful

      One reason freedom of speech needs to be protected is because it takes away an argument for anonymity

      The right to freedom of speech is recognised as a human right under Article 19 of the Universal Declaration of Human Rights and recognised in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). It is intrinsic and by implying that somehow it replaces a need for anonymity is a ridiculous straw-man argument. On the contrary we should ensure there is always a channel for anonymous communication since eventually, and inevitably, any powerful regime is liable to become corrupt and you never know, it could be your rights on the firing line.

    6. Re:The judge seems to be entirely right by somersault · · Score: 1

      So now nobody in America can make a joke online without fear of a court case??

      --
      which is totally what she said
    7. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      Freedom means the freedom to make your own decisions. Responsibility means facing the consequences of the decisions you make. You can't have one without the other.

    8. Re:The judge seems to be entirely right by somersault · · Score: 1

      eventually, and inevitably, any powerful regime is liable to become corrupt and you never know, it could be your rights on the firing line.

      American citizens' rights have been on the firing line since 9/11 and freedom of speech doesn't seem to have helped matters any..

      --
      which is totally what she said
    9. Re:The judge seems to be entirely right by paragon1 · · Score: 1, Troll

      Rules of the sense of humor:

      1. Very subjective.
      2. Know your audience.
      3. Use responsibly.

      I think it's funny when people think "freedom of speech" means "I can say whatever I want to anyone, anytime, anywhere, and they can't stop me." You're very mistaken if you believe this. (And most probably, also very immature)

    10. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      In this case, I wouldn't care who is who, once you say something with the intention of hurting the other person, you should say who you are.

      That's just your idiotic opinion, moron.

      (Is he kidding?)

    11. Re:The judge seems to be entirely right by vlm · · Score: 4, Insightful

      If the poster is autistic, disturbed or perhaps already in the court system for other offenses, the mother might decide to leave well alone.

      Sorry, but you're profoundly ignorant of how the legal system works. She wants to know if he has any money, if it would be monetarily profitable to sue. Its an investment decision. If he/she is "judgement-proof" or "rich enough", she won't bother. If "mother" can ruin their life simply by filing suit, "mother" will. The justice system is all about money...

      Guarantee step #2 after determining identity is deciding how to make the most money.

      In a way, its a profoundly stupid tactic for the mother to follow, because either she'll discover theres no point in suing, or the defense will use the fairly obvious argument that the plaintiffs is unhurt, because her claimed pain is suspiciously directly proportional to the defendants bank account. Or, if he/she gets blackmailed, there is now a legal trail showing mother did it. An effective way to win the battle and lose the war.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    12. Re:The judge seems to be entirely right by commodore64_love · · Score: 1

      Posting with your real name is not the problems. Idiots like French and former-EU President Sarkozy, or former President Bush, who will use your speech to throw you in jail - they are the problem.

      Anonymity is the last resort when they take-away your right to speak freely. Anonymity allows you to exercise your inalienable right without fear of the men in black dragging you off to jail.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    13. Re:The judge seems to be entirely right by vlm · · Score: 3, Insightful

      the defense will use the fairly obvious argument that the plaintiffs is unhurt, because her claimed pain is suspiciously directly proportional to the defendants bank account.

      Arrrgh rephrased,

      "the defense will use the fairly obvious argument that obviously the plaintiff was unhurt, and remained unhurt until she determined the size of the defendants bank account, at which time she felt like grubbing some money"

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    14. Re:The judge seems to be entirely right by commodore64_love · · Score: 1

      I think it's funny how people have forgotten the events of history.

      Oh sure you'll probably say, but that was the Cold War, many years ago and 10,000 miles away. No actually it was right here just a few months ago. "Bush is a lousy president, and this war is a war against my people - Muslims." (knock knock knock). "Open up! You're going to Gitmo where you will be held without trial for many years."

      Anonymity is the last resort to protect you when presidents/leaders are acting like tyrants.

      This is not just a good idea. It's the Supreme Law of the land - even higher than the U.S. Supreme Court. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech..."

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    15. Re:The judge seems to be entirely right by thisnamestoolong · · Score: 4, Insightful

      "Civil society does not convey to teenagers an automatic right to post offensive, anonymous graffiti and that needs to be clearly understood."

      Ummm... yeah dude, it does. Anonymity can be CRUCIAL to free speech -- there are certain things that we all wish to express and say about others and about the society around us that we cannot say in public. There is no freedom when a judge can read an Internet posting and immediately, like R. Lee Ermey at the beginning of Full Metal Jacket, bellow "WHO THE FUCK SAID THAT?!" This can lead to all sorts of bullying and abuse by the powers that be and will in the long run have a powerful chilling effect on free speech.

      --
      To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
    16. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 3, Informative

      This is surely the correct decision. In order to decide whether to sue, the mother needs to know who she might be suing.

      No, she doesn't. You file against John Doe and then enter a process to discover the name.

      If the poster is autistic, disturbed or perhaps already in the court system for other offenses, the mother might decide to leave well alone. If the only way that she can obtain the identity is to file a suit, then there is no escape from legal proceedings.

      No, there is an escape - you drop the case. It's not hard. You file a motion to dismiss, the defense agrees, laywers get their fees, everyone goes home.

      PS - Nice way to slam sufferers of autism.

    17. Re:The judge seems to be entirely right by Eravnrekaree · · Score: 2, Insightful

      No no no. Your wrong. Anonymity is an important and vital component of free speech. This is due to the simple fat that expressing certain views and opinions, such as in politics may get you killed. The fact is, while the government can say it prosecutes such offenses, the fact is there is little to prevent these acts from happening and in many cases the attacker may remain untraceable. The government cant be everwhere to protect everyone. As well, a lack of anonymity would allow your employer to basically trace every single thing you have ever said. If they found you had liberal views and wanted to to regulate corporations they may not hire you. Here technically no law was broken but you are being punished by speech. As long as the option for anonymity does not exist, free speech does not existant on any topic of any real world importance.

    18. Re:The judge seems to be entirely right by pilsner.urquell · · Score: 1

      With rights come responsibility, one cannot yell fire in a crowded theater nor be allowed own a weapon if convicted of an gun related offense.

      This judge is probably right.

    19. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      Who does she sue? The court can't do anything with a civil suit unless it has some jurisdiction over the defendant, and without his identity that's impossible to determine. The current step is best resolved with the site which hosts the comments. It's sort of like having to establish paternity before determining child-support, can't put the cart before the horse.

      I know I know, should have been a car metaphor.

    20. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 1, Insightful

      Bullshit. She's fishing. What if it were to turn out that it's her son or daughter or father or mother was posting the messages? Would she still press charges? A crime is a crime is a crime. If charges are to be pressed, then press the charges and then address the revealing of an anonymous posting. But don't play the "outing game" just to determine if she should try to sue.

    21. Re:The judge seems to be entirely right by sjames · · Score: 1

      In addition to protection from extra-legal reprecussions, I would include quasi-legal such as what amounts to a SLAPP suit. That is, the judge should consider whether a potential lawsuit could have any merit.

      However, in this case, It looks like the judge made the right decision. Following the link in TFA, it's clear that the offending comments had nothing to do with legitimate political discussion and were clearly intended to be hurtful and offensive.

      When I first saw the headline, it sounded like the implementation of a suggestion I saw here on /. That is, that the poster's comments would be revealed to HIS mother so he could be properly ashamed of his actions :-)

    22. Re:The judge seems to be entirely right by XxtraLarGe · · Score: 1

      So now nobody in America can make a joke online without fear of a court case??

      I think the problem here is that the comment is potentially libelous, but it might not be possible to determine that without knowing who the source is. Suppose person "A" made an accusation that person "B" is a serial rapist. It is possible that person "A" knows person "B", and the statement is factual. If person "A" is just some random creep that doesn't know person "B", it is most likely the case that the claim is libelous. It's true that person "A" could know person "B" and be making a libelous statement, or that person "A" doesn't know person "B" and the allegation is still true--though it would be conjecture. The burden of proof in a civil case is different than it is in a criminal case, so knowing the likelihood that somebody is committing libel would be important in this instance.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    23. Re:The judge seems to be entirely right by mdwh2 · · Score: 2, Insightful

      I think it's funny when people think "freedom of speech" means "I can say whatever I want to anyone, anytime, anywhere, and they can't stop me." You're very mistaken if you believe this.

      It's a good thing he didn't say that. He talked about making a joke, which is reasonably covered under freedom of speech.

      (And most probably, also very immature)

      Oh, so you think it's okay for you to say whatever insults you like?

    24. Re:The judge seems to be entirely right by mdwh2 · · Score: 1

      Wait, do you have a source for this? That if someone says something that is proven to be true, they can still be found guilty of libel on the grounds that they probably didn't have proof of it themselves at the time that they said it?

    25. Re:The judge seems to be entirely right by bdenton42 · · Score: 5, Informative

      This is the "end" of a chain of lawsuits. The court has already ordered the newspaper to release the guy's IP address, and they did. The court has already ordered Comcast to release the identity of the guy who was using that IP address and they did.

      So the court knows who the guy is and the guy is represented by a lawyer. She can go ahead and sue 'John Doe' based on the information the court already possesses if she really thinks she has a case. There is really no reason for the mother to know the guys identity other than to personally harrass him (presumably as this was a debate over a local election the guy lives in her district).

    26. Re:The judge seems to be entirely right by Machupo · · Score: 2, Insightful

      So what you're saying is that the judge should include an analysis of the anonymous poster's financial portfolio as well? I'm sure that would be a lot more helpful to this woman.

      --
      *insert pithy sig here*
    27. Re:The judge seems to be entirely right by Xest · · Score: 1

      "The only reason that anonymity should be permitted is when wrongdoing is being exposed and there is a possibility of extra-legal repercussions"

      Why just extra-legal repercussions? There have been many occasions through the centuries and plenty in recent years even where the legal system in the US has been abused to cause undeserved harm to someone. Plenty of times people have been bankrupted or given a bad name through the legal system when they were in fact not wrong. A good example is someone accused of rape but who is innocent, those people often take physical and verbal abuse to the point they have to change their identity and move away from their family in friends even after being proven completely innocent.

      No, the fact is, even legal (but still equally wrong) repercussions can be just as damaging, hence the importance of anonymity. Anyone pushing for political change in China or Iran can attest to that.

    28. Re:The judge seems to be entirely right by XxtraLarGe · · Score: 1

      Wait, do you have a source for this? That if someone says something that is proven to be true, they can still be found guilty of libel on the grounds that they probably didn't have proof of it themselves at the time that they said it?

      No. I didn't say anything like that. The only thing I said was that the burden of proof is different in a criminal case versus a civil case. If I were to make a claim in a local newspaper that you were a pot dealer (even though I have no evidence of the matter or not), and it was proven that you in fact were, I couldn't be found guilty of libel.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    29. Re:The judge seems to be entirely right by somersault · · Score: 1

      It seems that the posts in the comment thread in question have all been censored now, but from other comments here it just sounds like he asked if the guy often invites other people round. It isn't the same as saying that he does, it sounds far more like a joke. From hipcheck16's other comments he does seem a bit overzealous, but he also seems fairly intelligent and reasonable. IMO he must regularly comment on that site and this woman is just looking for an excuse to make his life awkward. Also as far as I can tell hipcheck wouldn't (initially) have had any hint that "UncleG" or whatever he is called was in fact Lisa Stone's son, or was a minor. IMO the whole thing is just being blown all out of proportion. It's hard to know the actual truth thought without seeing the original comments, of course, so maybe he did know from previous occasions that this guy is her son, and he just is making things far too personal. Even if I don't like someone, I wouldn't start insulting their children just because they are unfortunate enough to be related.

      --
      which is totally what she said
    30. Re:The judge seems to be entirely right by smaddox · · Score: 2, Insightful

      I think it's funny when people think "freedom of speech" means "I can say whatever I want to anyone, anytime, anywhere, and they can't stop me." You're very mistaken if you believe this. (And most probably, also very immature)

      Yeah, I guess it would only mean that in a society that is actually free. You would have to be pretty immature to believe that about the USA.

    31. Re:The judge seems to be entirely right by Jason+Levine · · Score: 2, Insightful

      As others have pointed out, she should sue first and *then* get the name of the poster. Then, if she decides that the person isn't worth suing (perhaps they're mentally ill or willing to settle amicably out of court), she can drop the civil lawsuit and it all goes away. It is only if criminal charges were filed that she wouldn't be able to back out of it.

      Freedom of speech using your name is important, but freedom of speech using a pseudonym or being completely anonymous is important also. The First Amendment doesn't read "Congress shall make no law ... abridging the freedom of speech when the person uses their real name." It reads (in part): "Congress shall make no law ... abridging the freedom of speech". Anonymous speech is included in this.

      Finally, this wasn't graffiti. Graffiti implies writing done somewhere where writing wasn't wanted. (On a store's wall, for example.) This was posted to a newspaper's comments section. In fact, the comments took place in an online conversation between "hipcheck16" and this woman's son. Hipcheck16 did seem to make some bad insinuations, but if the woman took that much offense to them, she should file a lawsuit first and *then* get his identity.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    32. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      One reason freedom of speech needs to be protected is because it takes away an argument for anonymity - that anonymity is necessary for protection from the powerful.

      Freedom of speech is only protected against government intrusion. Anyone else can "retaliate" against speech they don't like in any way that isn't illegal. The only way to protect speech against those people, then, is anonymity -- and protection from government removing that anonymity.

      Even in cases like this where the person asking to unmask someone isn't "powerful" enough to be a real threat, the unmasking happens regardless of who else might want to retaliate. A mom might not like this kid saying terrible things, but if the kid also makes legitimate criticisms of the school board or his parents' employers under the same pseudonym, his identity is suddenly a matter of public record. It's far too easy to use something like this as a pretense for unmasking someone: If someone all it takes to shut up someone who has made legitimate criticisms for years is to find the one illegitimate one and sue over it, freedom of speech isn't worth much.

    33. Re:The judge seems to be entirely right by Svartalf · · Score: 4, Insightful

      hasn't yet decided whether to sue over the posting

      Unfortunately, if she's not decided to sue, she shouldn't have been allowed to get this far. Doesn't matter if she "sued" the other info out. If she's not sure if she's to pursue a case against the person who posted the commentary, all of this is merely discovery without a case associated with it. You either know you're going to sue and then change your mind later (allowed...called a dismissal...) or you don't know and don't have a case yet. If she's lacking a civil suit for the comments in question, she shouldn't be allowed a fishing expedition- which is what this is right at this point without one.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    34. Re:The judge seems to be entirely right by mdwh2 · · Score: 1

      I was referring to "If person "A" is just some random creep that doesn't know person "B", it is most likely the case that the claim is libelous", which is different to what you wrote in your new reply.

    35. Re:The judge seems to be entirely right by maxume · · Score: 1

      You can hardly be arguing that anonymous libel is going to be seriously damaging.

      I would guess that anonymous revelations of the truth do society much more good than anonymous lies do harm.

      --
      Nerd rage is the funniest rage.
    36. Re:The judge seems to be entirely right by ultranova · · Score: 2, Insightful

      This is surely the correct decision. In order to decide whether to sue, the mother needs to know who she might be suing.

      Yeah, have to know if there's money to be made.

      One reason freedom of speech needs to be protected is because it takes away an argument for anonymity - that anonymity is necessary for protection from the powerful.

      It doesn't, actually. Freedom of speech means that the Government can't imprison me for saying something they don't like (but they can send an assassin after me if they really dislike me, altought this is one of the areas where Russians are far ahead). Anyone else - employers, businessmen, Rober Murdoch - can use their power to harass me, or simply refuse to do business with me or anyone who will.

      The only way to have freedom of speech is to hide your identity in such a way as to make it impossible for the powerful to target you. If you don't have the freedom to say something offensive, you don't have freedom to say anything - because everything is offensive to someone.

      This is why I run a Tor and Freenet nodes. Might not be much, but it's the best I can do to help others be anonymous.

      Civil society does not convey to teenagers an automatic right to post offensive, anonymous graffiti and that needs to be clearly understood.

      Exactly! Only the foulest of traitors would wish to publish their foul offensive drivel anonymously.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    37. Re:The judge seems to be entirely right by thisisaccount2 · · Score: 1

      Turns out, it helps to RTFA. Hipcheck's identity remains secret to the public.

      You make an extremely valid point though.

    38. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      or when a person with a public position needs to be able to express a view not representative of their public persona - as when, for instance, a politician wishes to contribute to a rational debate on drugs or abortion in a way that is not in accordance with the opinions of Rupert Murdoch.

      Am I to read from your words that anonymity in debates is OK when the position argued is rational and good, which by implication does not extend to positions that are irrational and evil, and the identities of proponents of the latter would be revealed, perhaps adjudicated by a panel of people the state recognises as 'good' so that they will protect the 'good' opinions and be able to fight against the 'evil' opinions?

    39. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      You can say whatever you want to anyone, anytime, anywhere and they can't stop you.

      If you choose to do so, there will be a reaction and you will need to be prepared for that. The problem is: most people who preach "freedom of speech" do not want to accept responsibility for what they say.

    40. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      Ohhh your a rebel!!!! Way to stand up to the big bad USA!!! LMAO

    41. Re:The judge seems to be entirely right by Bigjeff5 · · Score: 1

      Don't leave Obama* off that list, he'll have you in jail for saying mean things about black people, muslims, or homosexuals.

      Back on topic, the truth is there is no right to anonymity - if you say something to someone you can be held accountable for it. There is a right to free speech - in that you can say what you want when you want to who you want and nobody can stop you. However, if your speech is harmful in a meaningful way to others (I'm not talking about bulshit "it hurt my feelings" crap, grow the fuck up people) others there can be consequences. Yelling "FIRE!" in a crowded theater that is not on fire is the famous example, others include libel/slander, where the speech must be untrue and intended to cause harm, and publicly revealing military secrets which would put American lives in danger if revealed. The last one actually happened in WW2 to the New York Times, the military could not get an injunction against them, but if they had published the information they could have reigned hell upon them legally, and several members of the news organization would have gone to jail for intentionally putting American troops in harm's way. They couldn't stop it, but they could certainly punish it after the fact.

      As it relates to this mom, I think she's full of it and over-protective, and if she wants to sue this guy she should sue, she should not harrass him like she is doing - there are laws against harassment too, you know. I also think it's complete bull that she could get as far as she has without actually filing a suit against the guy. Illinois is one screwed up state.

      *This source is not the least biased by any means, but none of the "news" sources would say much about what is actually in the bill.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    42. Re:The judge seems to be entirely right by Bigjeff5 · · Score: 1

      I'd say the fact that so many outrages come to light and are subsequently curtailed, if not stopped completely, would be evidence of free speech helping.

      Think of all the arguments surrounding the patriot act, those warrants that were issued after the fact, etc. The law didn't get changed, but the Bush administration was MUCH more carefull about it. Still, the whole Patriot Act is mostly BS and needs to be neutered. Why haven't Obama and the Dems pushed to fix this? They can spend trillions of our money in the course of a couple years but they can't repeal a bad law they've been using to bash Republicans over the head with(and rightfully so)? They may lose their power in Congress soon, so they should get busy and do it now!

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    43. Re:The judge seems to be entirely right by commodore64_love · · Score: 1

      >>>the truth is there is no right to anonymity...free speech

      This is only true if you a slave/serf and owned by somebody else (master, king, government). I reject that very premise and consider myself and all other U.S. citizens as owned by NOBODY. It's our mouth and we can saw whatever we want. It's our pen and we can write whatever we want, including signing "Poor Richard's Almanac" instead of our real name.

      We. Are. Free.

      By the way, libel is protected. That's why glennbeckrapedagirlin1990.com was declared protected speech yesterday. Even death threats are protected speech, unless you're holding a deadly weapon (per numerous SCOTUS cases).

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    44. Re:The judge seems to be entirely right by paragon1 · · Score: 1

      Metamoderation bites again. Obviously the person that modded me "Troll" took offense.

      Anyway, how is suggesting immaturity as a basis for holding such a distorted viewpoint an insult? It's a completely valid assertion given the whole "freedom of speech" fallacies that are common these days.

      Or would you like to claim that people that like to yell "FIRE!" in a movie theater and then claim "1st amendment lets me say that" as a defense are mature individuals? Maybe "your mom" jokes are funny and appropriate when used as a substitute for having an actual argument of substance?

    45. Re:The judge seems to be entirely right by Bigjeff5 · · Score: 1

      Anonymity is not a right, and is only legitimate for as long as YOU can maintain it - there is no expectation that anybody else will maintain it for you unless that person is in a sensitive position (like a doctor or lawyer) or you have a contract maintaining it (like a non-disclosure agreement).

      Freedom of speech does not mean "Freedom to say whatever I want with no consequences". Freedom of speech means you are free to say what you want, and the government cannot censor you. However, if what you said caused real harm to another person, you can be held liable for that action. If the people you were hiding behind aren't willing to fight for you, well, you're SOL. The only time I know of when anonymity is a legal right is when voting and under certain whistle-blower laws. That's about it, and that's all it should be.

      My favorite example that clearly shows the distinction is a case during WW2, where the New York Times got ahold of sensitive military troop movements, and wanted to publish them. I don't think they were necessarily malicious, it was just a massive scoop. The Military learned of the leak before the Times published the information, and sought a court ordered injunction against the Times publishing the information. The judge ruled that an injunction was unconstitutional, however, if the Times published the information and American lives were lost as a direct result, they could be held responsible, facing charges of manslaughter and potentially even treason.

      In other words, nobody can prevent you from saying anything, even yelling "FIRE!" in a crowded theater, but that does not mean you can't be held responsible. We don't punish people based on what it "can lead to", we punish based on what it DID lead to. In this particular case, a whole lot of nothing. If I were a judge and she brought this suit I'd tell her to grow the hell up. Of course, I probably wouldn't make a good judge anyway.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    46. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      I think it's funny when people think "freedom of speech" means "I can say whatever I want to anyone, anytime, anywhere, and they can't stop me." You're very mistaken if you believe this. (And most probably, also very immature)

      Ummm... as a matter of fact that is EXACTLY what it means. That's the basic idea behind the word "freedom": no limits.

      The very idea that someone should face consequences for just for the simple act of saying/writing something is extremely disturbing.

    47. Re:The judge seems to be entirely right by operagost · · Score: 1

      The only reason that anonymity should be permitted is when wrongdoing is being exposed and there is a possibility of extra-legal repercussions, or when a person with a public position needs to be able to express a view not representative of their public persona - as when, for instance, a politician wishes to contribute to a rational debate on drugs or abortion in a way that is not in accordance with the opinions of Rupert Murdoch.

      Here I thought you'd be talking about someone squealing on a mobster, or speaking against the government. Here, you seem to think that the government needs to be protected from the free media. Thanks for your opinion, Mr. President, but the rest of us know that the Constitution is designed to protect the people from the government, not the other way around.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    48. Re:The judge seems to be entirely right by operagost · · Score: 2, Informative

      Oh sure you'll probably say, but that was the Cold War, many years ago and 10,000 miles away. No actually it was right here just a few months ago. "Bush is a lousy president, and this war is a war against my people - Muslims." (knock knock knock). "Open up! You're going to Gitmo where you will be held without trial for many years."

      [citation needed] Heh, heh... that's cute. But seriously, look at what Wilson did to WWI protesters using the Sedition Act for a documented example.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    49. Re:The judge seems to be entirely right by Bigjeff5 · · Score: 1

      This is due to the simple fat that expressing certain views and opinions, such as in politics may get you killed.

      Bullshit, maybe in oppressive regimes that don't have freedom of speech laws, like the UK (I kid! I kid!), but that simply doesn't happen in the US. On the rare case that someone uses that as an excuse, they go to jail for a long, long time.

      Anonymity is completely unrelated to free speech. In fact, anonymity is only necessary when you do NOT have free speech - when the government is willing to suppress dissenting opinions, lack of anonymity will get you killed. In that case, anonymity is also not a right the government would not recognize. In other words, in a free society it is not necessary, and in a repressed society it will not happen.

      Freedom of speech does not include freedom from consequences. The classic example is yelling "Fire!" in a crowded theater - claiming a "right" to anonymity will not change a thing as they sentance you to multiple lifetimes in prison for the dozens of people you killed. Other examples include libel and slander laws.

      The point of free speech is that nobody can STOP you from saying something (note that they don't have to help you say something, either), not that you cannot be held accountable for what you say. You cannot be silenced before you can speak, as is common in countries without any respect to free speech.

      Another example was a biker chick who runs the "Top-Free" protest, attempting to allow women to go topless without violating obscenity laws like men can. She was protesting in I think Nevada somewhere, everybody knew what she was going to do, there were cops everywhere, but they couldn't touch her until she actually broke the law. It wasn't until she pulled her top off that they arrested her, even though they would have loved to bring her in a lot sooner.

      As long as the option for anonymity does not exist, free speech does not existant on any topic of any real world importance.

      Wrong, freedom of speech makes anonymity unnecessary and often counter-productive. Because of freedom of speech, you can say whatever you want out in the open without fear of reprisal, so long as that speech does not harm somebody else - annonymity is not necessary. Anonymity is also not guaranteed by freedom of speech, that has been determined dozens of times in a court of law. In a free society, anonymity is used as a cover to harrass, inflame and spread libelous or slanderous speech. It is only occasionally used in cases where, for example, an employee wants to point out abuses by their employer and still maintain the ability to get a job somewhere else. That case is covered under whistle-blower laws.

      Anonymity is necessary for dissenting speech in situations where there IS legitimate fear of reprisal, and these situations generally occur in countries without free speech laws. In the few cases where anonymity is still not so much necessary but desirable for society as a whole, we have laws guaranteeing it.

      Freedom of speech is not a license to hurt others without consequence. Freedom of speech ends when it infringes someone else's right to life, liberty, and the pursuit of happiness.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    50. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      Libel is not protected. That is why it is called libel, and not protected speech. Not that you would get that through your thick skull.

      The domain was not declared protected speech, the arbiter determined that no trademark violation had occurred. FULL STOP.

      The only thing it had to do with free speech is that Glenn Beck was attempting to use a completely undemocratic international institution to suppress protected speech.

    51. Re:The judge seems to be entirely right by CarlDenny · · Score: 1

      Did you just say anonymity should only be a right of whistleblowers (sure) and Politicians? I mean, I can see the argument that maybe anonymity isn't a fundamental right. But saying that only politicians should be protected is nuts. By this "public position" logic, shouldn't anyone be protected if they don't want their boss to know they really like anime, or badmouthing people who make dancing cat videos?

    52. Re:The judge seems to be entirely right by Bigjeff5 · · Score: 1

      Oh you are an asshole.

      You degenerate piece of slime editing my words to say something that I did not say. You have no idea how to make a proper argument, so you must blatantly lie about what I said. You are a scumbag.

      If you want to disagree with me, fine. Argue against my points in an honest way, but do NOT lie about what I said. You are scum, and your whole post is bullshit nonsense.

      By the way, libel is protected.

      First off, Fox News and Glenn Beck did not bring a libel suit against glennbeckrapedagirlin1990.com, they brought a trademark infringement suit, which is entirely different. Maybe if you didn't like to lie about what other people write it would help your case a bit, hmm?

      Second, libel is definitely not protected, there are laws that have been upheld by SCOTUS relating to libel and slander, but there are stringent requirements that must be met before a piece of text can be considered libelous. The first is that it is untrue. The second is that the text was malicious, that it intended to cause harm. The third is that it actually did damage the person's reputation. There are also all sorts of qualifications within each of those criteria for determining if the text/speech fits each criteria.

      glennbeckrapedagirlin1990.com is an obvious parody, and so while it satisfies the first criteria, it does not satisfy the second or third. It is political satyr, making a point, and I think it makes it somewhat, but not very effectively. Glenn Beck can be fun to watch but it does get tiresome after a while.

      Death threats with nothing behind them harm no one, so there is obviously no reason to curtail them in a free society. However, it's pretty easy to get a substantial restraining order against someone who issues a death threat. As I said in my post which you misrepresented, you are free to say whatever you want, but you are not free from the consequences that may come about because of that speech.

      Anonymity has nothing to do with it, and is not guaranteed in any way (outside of the few areas that are already protected) beyond what you can provide for yourself.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    53. Re:The judge seems to be entirely right by ravenshrike · · Score: 1

      The UDHR can go fuck itself. http://volokh.com/posts/1233622386.shtml

    54. Re:The judge seems to be entirely right by Bigjeff5 · · Score: 1

      Actually, in order to qualify as libel it MUST be damaging, and malicious and untrue as well.

      In other words, you can't argue that anonymous libel is NOT damaging.

      I think what you meant to say, is that you can hardly argue alleged libel posted anonymously is going to be seriously damaging.

      I would guess that anonymous revelations of the truth do society much more good than anonymous lies do harm.

      I would argue that they should not be mutually exclusive - that we should have a right to protect another's anonymity in cases where it is legitimate(incidentally, we do, and this scenario is usually the case), and the courts should have the ability to supercede that right when we abuse it to harm others (incidentally, they do, but it should be kept as rare as possible).

      Note that I did NOT say you have the right to force others to protect your anonymity. You do have the right to protect your own anonymity as best you can, and you have the right to protect someone else's anonymity. It is essentially the right to not speak when you don't want to. As with everything though, there are limits, and there have been a number of cases that show these limits. Generally they make sense.

      However, on this case, I think the Judge is way out of line. Not so much that the judge ruled that the guy's identity should be revealed, but that she ruled this without a formal suit against the man! She is basically saying "I want to know who this guy is" and the court is forcing people to tell her, it's ridiculous! The judge should have told her to go pound sand until she's willing to bring a legitimate lawsuit against him. As someone else has stated, this is like forcing discovery without having to have a legitimate case, and it stinks to high heaven. Until she files a suit, she has no legitimate claim to that information.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    55. Re:The judge seems to be entirely right by commodore64_love · · Score: 1

      Oh well. I'd rather by an "asshole" than a person who is anti-liberty, as you appear to be. You would have the government censor its citizens, as if we lived in damned China.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    56. Re:The judge seems to be entirely right by Anonymous Coward · · Score: 0

      But you don't take on his argument, you just say he is "anti-liberty" as if that has any meaning.

      Get a fucking job you worthless nitwit.

    57. Re:The judge seems to be entirely right by Thuktun · · Score: 1

      PS - Nice way to slam sufferers of autism.

      How is that a slam against those with autism?

      Speaking as someone who has diagnosed Aspies for kids and is probably one himself, young high-functioning autistics often end up saying things that would be considered tactless or impolite. It's my understanding that it takes longer for autistics to learn those nuances of interpersonal communcations.

    58. Re:The judge seems to be entirely right by uuddlrlrab · · Score: 1

      But she's just looking out for her kid, right? She should be able to take the necessary steps, amirite?

      --
      Odi profanum vulgus et arceo
    59. Re:The judge seems to be entirely right by maxume · · Score: 1

      No, I meant that if it isn't seriously damaging (with an emphasis on seriously), society can probably get away with just telling the victim to suck it up (and cases of truly anonymous, damaging lies are going to be pretty rare anyway, most people don't really care about what other people think, they just want to think that other people like them).

      As far as the other thing, of course they aren't mutually exclusive, but the grandparent was indicating that we should throw the baby out with the bathwater, and I was responding that if we have to keep the bathwater to keep the baby, we should probably do that.

      --
      Nerd rage is the funniest rage.
    60. Re:The judge seems to be entirely right by AK+Marc · · Score: 1

      In other words, you can't argue that anonymous libel is NOT damaging.

      Why not? If someone with the screen name "Anonymous Fucktard" insults someone in a public forum, it is quite reasonable to argue that because the person is anonymous, their reliability and truthfulness is below someone that is a verified source. As such, as you stated it must be damaging, someone named "Anonymous Fucktard" that goes to lots of groups and asserts that everyone there is into bestiality would probably be found to be non damaging because a reasonable person wouldn't believe it.

      The same stands here. There were escalating insults, no threats, and no actual overt assertions that were directly damaging. There was insinuations that, if true, would be damaging. But taking the last sentence of a flame war and declaring it to be evidence of libel is silly. The context is clear. Both sides are expressing lies in order to boost their own ego. In fact, I think it was the 15 year old that started it with direct threats of violence.

      we should have a right to protect another's anonymity in cases where it is legitimate(incidentally, we do, and this scenario is usually the case), and the courts should have the ability to supersede that right when we abuse it to harm others (incidentally, they do, but it should be kept as rare as possible).

      Why? She should be able to sue John Doe if she wants, and there's absolutely no reason she should ever need to learn the name of the person she is suing. She wants the name for reasons other than law enforcement. She wants to engage in an illegal libelous smear campaign, and use the courts to do it. She wants to harass the person, and use the courts to do it. And the worst part is, as far as I can tell, the statements that started this aren't libel. They didn't reduce the reputation or livelihood of anyone.

    61. Re:The judge seems to be entirely right by adamdoyle · · Score: 1

      Assuming we're still talking about the original article: to be fair you don't know what the John Doe said since it wasn't in the article. If the John Doe said something libelous (libel would be legit since the "mom" is an elected official / public figure), then the "mom" has a constitutional right to sue (in this case for his identity). When you break the law, you lose your right to anonymity. Committing libel IS breaking the law. Do you think someone who anonymously confesses to murder online deserves the right to not have their IP address and identity subpoenaed? I do...

      [in the interest of full disclosure - IANAL and this is not legal advice]

    62. Re:The judge seems to be entirely right by adamdoyle · · Score: 1

      But the obvious counter-argument to that would be: Lawsuits cost money and if the defendant can't even reimburse the legal fees, then the plaintiff is in trouble. It's risk management 101. If I spend $5 on legal fees, the plaintiff has $4 in his bank account, and I win the lawsuit, then I lose $1 and hours of my time. Why should the plaintiff have to risk that simply because she was a victim of a crime? She wants to figure out her "risk" and determine if it's worth her time.

      Also, as the article mentions, there's the dilemma of potentially suing an autistic or mentally retarded person. That would introduce a greater risk of losing the case and could be an ethical problem for the plaintiff.

      [I'm not a lawyer, though, so this is not legal advice]

    63. Re:The judge seems to be entirely right by adamdoyle · · Score: 1
      you don't know the size of the wallet of a John Doe... if the John Doe can't afford to pay you if he wins, then you've just spent time and money on legal fees in return for NOTHING.

      You file a motion to dismiss, the defense agrees, laywers get their fees, everyone goes home.

      Yeah that's the problem - you introduce many extra hours/dollars in legal fees and the spare time of your own (which, if you have a job, amounts to even more monetary losses).

    64. Re:The judge seems to be entirely right by TheoMurpse · · Score: 1

      With all due respect, it really seems like you're the one who doesn't understand the legal system. It's all about "money" my ass. You've never heard of equitable relief or injunctive relief?

    65. Re:The judge seems to be entirely right by TheoMurpse · · Score: 1

      There was no slam on autistic individuals. Judging by your reaction, it really appears that you thinks "autist" is an insult.

    66. Re:The judge seems to be entirely right by yurtinus · · Score: 1

      Freedom of speech ends when it infringes someone else's right to life, liberty, and the pursuit of happiness.

      I don't know if I necessarily agree with this as a blanket statement-- one person's opinion of their liberty and happiness may require nobody else quote Monty Python where they can ever see or hear it-- or never show your boobs in public as you noted (as an aside-- she was acquitted in that case as her topless demonstration was considered an exercise of free speech). "Harm" is subjective, so we must rely on a judge or jury to determine if any real harm was done. As it is, I consider this case to be the system working as intended.

      You certainly are right that anonymity is not guaranteed by freedom of speech, but I can't agree that it has no place in a free society. Yes, very often anonymity is used to harass; however, there are plenty of instances where an individual wants to write and *not* have those words tied to them personally due to potential social consequences. Anonymity can provide a speaking platform to your community without tying you individually up in a name and shame campaign (IE: an LBGT writer in a predominantly conservative community). If you have opinions or preferences that the rest of your community disagrees with, there are real consequences for that information coming out. An overlooked side effect of having a free society, is *everybody* is entitled to their opinions, and if your opinions go against the grain you can be subject to real, demonstratable persecution.

      Anonymity in speech isn't *just* to protect you from the government-- it also protects you from your fellow citizens.

      --
      +1 Disagree
    67. Re:The judge seems to be entirely right by bhiestand · · Score: 1

      Anonymity is not a right, and is only legitimate for as long as YOU can maintain it - there is no expectation that anybody else will maintain it for you unless that person is in a sensitive position (like a doctor or lawyer) or you have a contract maintaining it (like a non-disclosure agreement).

      You could've stopped right there. Through various contracts and privacy laws, the defendant DOES have multiple contracts to maintain their privacy. The first is with their ISP revealing their identity. Hint: if ISPs didn't need court orders to reveal identities based on IP addresses, the RIAA would be very, very happy. Beyond that is the website itself where this was posted, which very likely has privacy closes in its contracts as well. As stated in the article, the court ORDERED both of those parties to provide private, personally identifiable information about John Doe.

      My web host's TOS specifically states that they will not reveal my identity without a court order. So have many of my internet service providers.

      Or were you seriously arguing that anyone who has your username on a website can demand your IP address and then your name and address from your ISP, for public disclosure, with no valid court order or reason? Or that that court order should be obtained without both actionable evidence of wrongdoing and an intent to file suit?

      --
      SWM seeks new sig for a brief fling
    68. Re:The judge seems to be entirely right by bhiestand · · Score: 1

      You've never lived as an outsider in a community, have you? If you're a hardcore Christian, well, you're probably safe just about anywhere in the states... but if you're an atheist, good luck in a small town in Tennessee. Same for homosexuals or anyone else who faces other social consequences just for voicing their views on a matter in a society that doesn't accept it.

      It really has nothing to do with government or free speech. We need anonymous speech the same way we need anonymous voting.

      --
      SWM seeks new sig for a brief fling
    69. Re:The judge seems to be entirely right by Eravnrekaree · · Score: 1

      You are so wrong. You are a typical conservative with your government is the root of all problems attitude. It is not only government that could come after you, but private individuals, such as the mafia or a corporation that does not like what you said that may beat you up or attack you. It has happened before. Only a fool would think that they can safely say anything since they have a legal protection on paper. All it would take is to jump you in a back alley and they would have no idea who did it. The police cannot be everywhere.

    70. Re:The judge seems to be entirely right by Eravnrekaree · · Score: 1

      There is a reason that famous people like Barack Obama has BODYGUARDS. If this argument that you have free speech and therefore you dont need anonymity were true, he wouldnt need them.

    71. Re:The judge seems to be entirely right by youarelying · · Score: 0

      Oh well. I'd rather by an "asshole" than a person who is anti-liberty, as you appear to be. You would have the government censor its citizens, as if we lived in damned China.

      Nothing that the grandparent poster said implied any such thing, and you know it. As he rightly pointed out, you are lying about what he said and what positions he holds. The sole reason you are doing this is because you know yourself to be mentally incompetent to argue with any of the things that he actually said. No other reason is possible.

  2. Why do we care? by Malc · · Score: 0, Offtopic

    Story posted between 2am and 5am in the continental US. Can we have something less US-centric at this time of day?

    1. Re:Why do we care? by Malc · · Score: 1, Insightful

      Especially when it's such a substance-less [non-]story.

    2. Re:Why do we care? by u38cg · · Score: 2, Funny

      You must be new here.

      --
      [FUCK BETA]
    3. Re:Why do we care? by Anonymous Coward · · Score: 0

      It's only as US-centric as you interpret it to be.

      If you can't find anything in that story that could pertain to your life, perhaps you're just lacking in the creative thinking department.

      Or, perhaps you don't believe that anything not pertaining to your life is worth discussing?

      Or, perhaps, maybe, possibly, there are American citizens (who only could find this article not worth whining about) who don't actually reside in the U.S.? Or work unconventional hours?

      There are plenty of reasons to think a story isn't worth the front page, but bitching about the country of incidence based on the time of day is pretty lame...

    4. Re:Why do we care? by plasmacutter · · Score: 1

      Especially when it's such a substance-less [non-]story.

      you mean the abridgment of freedom of speech (in a clear-cut case of political dissent, no less)?

      yes, not substantive at all.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    5. Re:Why do we care? by areusche · · Score: 2, Informative

      This is a US based site, with it's webmasters who are US citizens. The FAQ has a section on this.

    6. Re:Why do we care? by Anonymous Coward · · Score: 0

      Story posted between 2am and 5am in the continental US. Can we have something less US-centric at this time of day?

      You could always trot on over to slashdot.uk

      Oh wait.

    7. Re:Why do we care? by donaggie03 · · Score: 1

      Maybe you should just get off the US internet and use your own internet for a while. Duh! :)

      --
      Three days from now?? Thats tomorrow!! ~Peter Griffin
    8. Re:Why do we care? by Malc · · Score: 1

      It's a bit of cop-out when people hide behind that. In this case, the story is pathetic. Did you read the article? It's like one of those things Yahoo tries to foist in my way when I go to logon to my email. That's never stopped people around here postulating wildly, but sometimes it's better not to post a story than to post utter crap.

    9. Re:Why do we care? by ryzvonusef · · Score: 1

      With a four digit UID? I don't think so.

      --
      I am an ACCA student. Got a query on Accountancy/Finance? Maybe I can help!
    10. Re:Why do we care? by Malc · · Score: 1

      You found sufficient facts in the six sentences in the story to draw this conclusion?

    11. Re:Why do we care? by Dishevel · · Score: 0, Offtopic

      So are you saying that /. is not in fact a US centric website? Or are you just stupid?

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
  3. If he did, he would be wrong by Kupfernigk · · Score: 5, Insightful

    Nobody deserves anonymous abuse unless it is a matter of serious public concern. Assuming that your statement is correct, if the kid is already a "mommas boy" then online bullying would only make things worse. And in your post you have clearly identified yourself as a supporter of online bullying of the less socially able ("deserved"). Consider what this says about you, because it isn't very nice.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:If he did, he would be wrong by Anonymous Coward · · Score: 3, Insightful

      Though few people deserve anonymous abuse, everyone should be able to deal with some.

    2. Re:If he did, he would be wrong by Anonymous Coward · · Score: 2, Insightful

      The law doesn't ensure that everyone gets what they "deserve". The law ensures that anyone can express their opinions about any matter, without needing to appeal to any type of authority to determine whether or not something is "okay to talk about" first.

    3. Re:If he did, he would be wrong by jez9999 · · Score: 5, Insightful

      Are you seriously saying that the identity of anyone who calls someone names on the internet should be revealed by force of law?

    4. Re:If he did, he would be wrong by sakdoctor · · Score: 4, Funny

      The mother could get a dog, and curtains. Problem solved.

    5. Re:If he did, he would be wrong by Anonymous Coward · · Score: 2, Funny

      No, read again. We don't know what was said. GP First Flamey McTrollsalot called him a "mommas boy".

    6. Re:If he did, he would be wrong by thisnamestoolong · · Score: 3, Insightful

      The question at hand is not whether or not anybody deserves the anonymous abuse, the question is whether or not the courts need to be involved in it. Since we are not privy to the details of this case, I cannot accurately determine whether or not the comments were illegal (libel/legitimately threatening), but if they are not the courts have NO business interfering. We do not have a right to not be made fun of, or made to feel uncomfortable. We do not have the right to not be criticized. These things are absolutely essential to our freedom of expression and our freedom of speech -- if we start telling the obnoxious assholes that they can't be obnoxious assholes it is only a matter of time before it is illegal to 'anonymously abuse' the president by questioning the new Patriot Act v. 2.0.

      --
      To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
    7. Re:If he did, he would be wrong by Anonymous Coward · · Score: 1, Funny

      Yes, I did, you mouth-breathing retard! No one should be allowed to post anonymously, ever. Only pussies post anonymously, and only the guilty are worried about having the government know who said what when. The government is interested in you only if you have something to hide. Moron.

    8. Re:If he did, he would be wrong by RiotingPacifist · · Score: 3, Informative

      If you make prank phone calls (even blocking caller ID), the phone company can be made to hand over your phone number & details

      I don't think this should be the norm (you can't normally get somebody phoning you named), but i don't see why the internet should be any different.

      or to meme it up for you:
      Libellous comment is libellous
      Threatening comment is threatening
      Harassing comment is harassing

      --
      IranAir Flight 655 never forget!
    9. Re:If he did, he would be wrong by PopeRatzo · · Score: 5, Insightful

      The law ensures that anyone can express their opinions about any matter

      I don't know which country, state or municipality's "law" you are talking about, but if you are living in a city in the US, you are incorrect.

      You may express your "opinions about any matter" but you cannot "say anything you want about anyone", especially not about someone who is not a public figure.

      The "law" as you put it, actually protects us against libel and slander. Further, it protects us against speech that would incite violence against someone or puts someone in danger.

      It's a shame that so many people in the US think that "free speech" means "I can say anything I want".

      --
      You are welcome on my lawn.
    10. Re:If he did, he would be wrong by Runaway1956 · · Score: 1

      Let's say that you make some stupid assertions. I point out that they are stupid. Are you going to start a court proceeding against me? FFS The article doesn't even mention bullying or abuse - instead it says the posts were "deeply disturbing". What is THAT supposed to mean? Who defines "deeply disturbing" anyway? Every vindictive little bitch who has a dorky son?

      Stupid shit like this makes anonymity software look more and more appealing. Note to self: if ever I post a non-complimentary comment about anyone I know in real life, make SURE to only use the anonymous virtual machine to make the posts.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    11. Re:If he did, he would be wrong by Anonymous Coward · · Score: 5, Funny

      Asshole.

    12. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      Are you saying that an anonymous comment on a 3rd party site in response to a comment posted by whoever is offended is just as invasive and unwarranted as a prank phone call to that person?

    13. Re:If he did, he would be wrong by Yamata+no+Orochi · · Score: 0

      Yes, I did, you mouth-breathing retard! No one should be allowed to post anonymously, ever. Only pussies post anonymously, and only the guilty are worried about having the government know who said what when. The government is interested in you only if you have something to hide. Moron.

      I thought this was an ironic post at first, since you posted as AC and were obviously responding as if you were "RiotingPacifist". But I guess you just wanted to avoid the obviously impending Troll moderation, rather than strike some poignant chord of irony.

      Bad form.

    14. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      sorry its early for me, was this a metaphor?

    15. Re:If he did, he would be wrong by Yamata+no+Orochi · · Score: 0

      The mother could get a dog, and curtains. Problem solved.

      Neither of those things will protect her from the exploding vans.

    16. Re:If he did, he would be wrong by iamhigh · · Score: 1

      Anyone can express an opinion. Isn't opinion protected? Libel and slander usually involve you trying to make something true that isnt - aka. lying. You can say you think this kid is a fag all day. You can't say you saw him giving a bj to a guy in a public restroom, if that is false.

      As long as what you say is an opinion, and you don't try to flat out lie, you can say what you want. Look at the article about Glenn Beck from earlier this week. If that isn't libel/slander, there seems to be little chance that an AC can be sued for those offenses with generic insults. Did this guy accuse him of rape and murder?

      I am far more happy to keep it "say anything you want" vs. "say anything that doesn't piss anyone else off". Screw the quickly offended and easily scared.

      --
      No comprende? Let me type that a little slower for you...
    17. Re:If he did, he would be wrong by arminw · · Score: 1

      ...names on the internet should be revealed....

      Do you really think that it takes a law to squelch anonymity on the Internet? All it really takes is money and sometimes not even that. Users of the Internet should get over the notion of anonymity. It does not exist. If you are not willing to stand by the statements you make on the Internet, don't make them, because you WILL be found out who you really are, if someone wants to know badly enough.

      --
      All theory is gray
    18. Re:If he did, he would be wrong by mayko · · Score: 1

      The key to slander and libel, as I understand it, is that you cannot intentionally spread lies as facts. So saying you saw some kid giving a public BJ (when you know it isn't true) is going to be borderline.

      The ultimate defense against slander and libel charges is the truth. If you are correct or have a good faith belief something is true about someone even if it turns out to be false, you usually won't be convicted because there was no intent to cause defamation.

      For the Glen Beck issue. They ruled that it was satire. As long as it is obvious that you are joking or mocking then you're usually safe as well.

      You are half-right about opinion. In most jurisdictions they determine that opinion is not falsifiable, so you can't be convicted on matters of opinion... but some jurisdictions such as The United States Supreme Court, in particular, has ruled that the First Amendment does not require recognition of an opinion privilege.

    19. Re:If he did, he would be wrong by Leekle2ManE · · Score: 2, Insightful

      I've been having trouble with our "Freedom of Speech" the past few years. And it all started, for me, with the ruckus over Eminem (Not Eminem himself). Maybe I'm wrong, but I've always kind of thought that when the Forefathers of the US put the Freedom of Speech in Bill of Rights, they were thinking that it is the inalienable rights of the citizens of the US to speak out against it's government, that the government or other institutions should not be able to tell the public what they can and can not say.

      But... and perhaps this started with 2 Live Crew, though that was so long ago, I scarcely remember... it seems to me that today's younger generations are twisting the Freedom of Speech to mean that they have the freedom to swear and insult. In the days of our Forefathers, if someone spoke out and said something, they were allowed to but there came a certain degree of accountability. If you spoke up back then, people knew you. Your words were immediately associated with you and you were held accountable. There was not even a glimmer of an idea that some teenager in the back corner of the family room with a little electronic box (electronic? What's that?) would be able to instantly, anonymously and baselessly insult and defame someone else without any sense of repercussions.

      In 'Ye Olden Days' you could send anonymous letters to the local newspaper. However, it had to pass the editor. He would read the anonymous article and decide whether or not the words would be worth the cost of the ink. Today, while some sites have such checks, most are just 'Click and Post' commentary. And I personally think in an era where 14-yr-old children are walking through the mall with parent-provided Blackberries, accountability should be more important than ever. Sure, go ahead and speak your opinions. It's your right. But be ready for the repercussions.

    20. Re:If he did, he would be wrong by Rob+the+Bold · · Score: 1

      It's a shame that so many people in the US think that "free speech" means "I can say anything I want".

      I'd like to add another restriction on free speech while we're at it: Saying "It's a shame," like you just did in that poor, pitiful Jessica Fletcher head-shake kind of way we use to describe and condescend to those who aren't as informed.

      --
      I am not a crackpot.
    21. Re:If he did, he would be wrong by Adaeniel · · Score: 1

      It's a shame that so many people in the US think that "free speech" means "I can say anything I want".

      It's entirely true that free speech means that you can say anything you want; however, people don't understand that there can be repercussions for their speech.

    22. Re:If he did, he would be wrong by Gilmoure · · Score: 2, Funny

      Is why I have a bongo and tom-tom sound track playing when I speak.

      --
      I drank what? -- Socrates
    23. Re:If he did, he would be wrong by thisnamestoolong · · Score: 1

      Why should you be so threatened by what an anonymous 14 year old has to say about you in an online forum? Along with the lack of quality control in online forums comes the expectation that we will need to filter through the crap to find real information. We need to ignore fools like this rather than infringe on everyone's privacy to find them. In other words, don't imprison the trolls, just don't feed them and let them starve.

      --
      To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
    24. Re:If he did, he would be wrong by AlamedaStone · · Score: 1

      It's a shame that so many people in the US think that "free speech" means "I can say anything I want".

      I'd like to add another restriction on free speech while we're at it: Saying "It's a shame," like you just did in that poor, pitiful Jessica Fletcher head-shake kind of way we use to describe and condescend to those who aren't as informed.

      I'd also make an addendum - anyone suggesting ways to further curtail free speech should spend a year with their lips sewn together.

      But, um... not until after I finish this post, okay guys?

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    25. Re:If he did, he would be wrong by StillNeedMoreCoffee · · Score: 1

      Actually, the only ones that do know our identities are the government, and those illegal hacker types with control issues, (you know the ones, with Mommy issues). Just like guns, the three categories, the ubermeisters, the crooks, and the sheep. And those first two groups have struck up a deal. Did I mention that corporations are the negotiators. But seriously, there is a fine line between honest protest and targeted marketing for profit. In this case, a woman running for office and an attack on her family. Sounds like a profit motive, and if the attack were a cynical calculated political dirty trick, well that being exposed seems appropriate. Which would make it much more troubling than just bullying, a attempt to control our election process through swift boat type dirty tricks. I don't have a problem with that being exposed for what it is, and who was behind it.

    26. Re:If he did, he would be wrong by canajin56 · · Score: 1

      "Seems like you're very willing to invite a man you only know from the Internet over to your house -- have you done it before, or do they usually invite you to their house?"

      That's the anonymous abuse. How horrific. The poster said that after the son told the poster to come over and criticize his moms politics to his face...basically, the poster was complaining about the policies of a politician, and the son instigated a fight, then cried.

      --
      ASCII stupid question, get a stupid ANSI
    27. Re:If he did, he would be wrong by Requiem18th · · Score: 4, Interesting

      Indeed. There are so much things wrong here...

      The Internet already protects you from being stabbed during a heated debate, and now we are supposed to protect you from being called names?

      Also the Internet operates under the idea that all peers are that, peers. That means either everybody is an adult or everybody is a child. Considering that the Internet can take you faster than a car to places further than a passport can, it should be safe to assume every peer is an adult.

      Also, its easier and makes more sense for parents to be responsible for their children net access than to expect *everyone else* to make sure they are not talking to a kid.

      Also, is being gay something so horrible that entertaining the notion that you might be gay is a serious crime?

      Also, if the politician "mom" wants to use the legal system to sue for damages, she can sue "john doe" the only reason to get the commenter's name is to act outside of the legal system, why should we allow it?

      --
      But... the future refused to change.
    28. Re:If he did, he would be wrong by AlamedaStone · · Score: 1

      ...names on the internet should be revealed....

      Do you really think that it takes a law to squelch anonymity on the Internet? All it really takes is money and sometimes not even that. Users of the Internet should get over the notion of anonymity. It does not exist. If you are not willing to stand by the statements you make on the Internet, don't make them, because you WILL be found out who you really are, if someone wants to know badly enough.

      Yeah, believe Armin Weisheit when he says it - because it's just as true where he is in London as it is here in the US.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    29. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      anonymous comment != online bullying, assfag.

      It takes two to bully, one to be the bully, and one to be bullied. Are you such a little pussy that you can't just shrug off harmless words? If I were to say "I'm coming to kill you at school today", would you piss your panties? Certainly if I were to say "I'm going to shoot you in the face when you get off the school bus at [insert your bus stop location here]" then it would be different, but that doesn't seem to be what we have in this case.

    30. Re:If he did, he would be wrong by russotto · · Score: 1

      It's entirely true that free speech means that you can say anything you want; however, people don't understand that there can be repercussions for their speech.

      Just like in Soviet Russia, you are free to say anything you want. However, repercussions can range from a less than friendly visit from your local party goons Ivan and Ivan, to life in the gulag, to a bullet in the back of the head. But you have free speech, really.

      Free speech is meaningless unless it also includes freedom from official consequences.

    31. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      Go drink some tea -- whore.

    32. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      The First Amendment does not distinguish what is free speech and what isn't.
      Free Speech should equate to "I can say anything I want," otherwise who is to be the judge of what is appropriate and what isn't?
      Granted I don't think its mature to call other people names and so forth but its a small price to pay for liberty.

      Censored free speech is not free speech at all, but merely and illusion like it is in China where the state determines what is appropriate for society and what isn't.

    33. Re:If he did, he would be wrong by Abstrackt · · Score: 1

      It's a shame that so many people in the US think that "free speech" means "I can say anything I want".

      The problem is that for many of those people "I can say anything I want" and "I can think for myself" are mutually exclusive.

      --
      They say a little knowledge is a dangerous thing, but it's not one half so bad as a lot of ignorance. - Terry Pratchett
    34. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      Making prank phone calls wastes time and possibly money. Comments on the internet, not so much.

    35. Re:If he did, he would be wrong by misexistentialist · · Score: 1

      A result of the ridiculous privacy violation of making phone numbers public record is that people can be subject to harassment, which requires that the caller's privacy be similarly violated. Since privacy on the internet can be maintained, however, there is no analogy, since any harassment requires the victim's cooperation. Similarly, since IP addresses are not linked in public records to physical addresses, threatening comments are a lot less threatening. Libel can still be libelous over the internet, but phoning someone is not libel.

    36. Re:If he did, he would be wrong by IndigoDarkwolf · · Score: 1

      How, exactly, do you know what a person's rights are? I thought the Constitution was a living document whose interpretation should change to follow the times?

      Government abolishing the first amendment is change I can believe in.

    37. Re:If he did, he would be wrong by AndersOSU · · Score: 2, Informative

      civil action isn't an official consequence.

    38. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      It's a shame that so many people in the US think that "free speech" means "I can say anything I want".

      You can say anything you want. Just understand that there will probably be fallout.

    39. Re:If he did, he would be wrong by Sylver+Dragon · · Score: 1

      It's a shame that so many people in the US think that "free speech" means "I can say anything I want".

      Yes, that is exactly what it means. There are no a priori restriction on speech. You want to say something go ahead and say it, you will never be prosecuted for the content of your speech. However, as with all freedoms there are responsibilities which come along with it. You are responsible for the results of your speech. If your speech defames or otherwise causes harm to another you will be held civilly, and possibly criminally, responsible for the effects of your speech. At that point, the content of the speech may come into question, such as, whether or not its true or obvious satire. But, it is not the speech itself which is being prosecuted, but the results of that speech.

      Take the ever popular shouting "Fire!" in a crowded theater. There is no restriction on doing so. In fact, if there is a fire, we'd all probably want someone to shout "fire!" However, if there is not a fire and the point of shouting, "fire" is to incite a panic or riot, you will be charged with incitement to riot and will not be able to hide behind the protection of the First Amendment. Yes, shouting "fire" is protected speech, but you did so with the intention of causing a panic or riot and that incitement is not protected.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    40. Re:If he did, he would be wrong by AndersOSU · · Score: 1

      Guess who decides if the comments are libelous/threatening? The courts. In the US anyone can sue anyone else for anything, and the courts are obligated to get involved - they can dismiss the case pretty quickly, but they must get involved, regardless of the merits of the case.

      I agree that you don't have the right not to be insulted, but there is a fine line between an insult and libel - a line that is adjudicated by the courts. Furthermore, you only have the right to privacy in private places, and the internet isn't one of those.

      Incidentally, it was already illegal to say seditious things at one time - way back when congress was populated by the same guys who wrote the first amendment.

    41. Re:If he did, he would be wrong by tmosley · · Score: 1

      Only if it's to Jay and Silent Bob.

    42. Re:If he did, he would be wrong by PitaBred · · Score: 1

      It means exactly that you can say anything that you want. There are sometimes consequences for saying those things, but this should not be one of those times. THAT is the point. The laws against libel are post-facto. You can't be stopped from saying the things, only punished after the fact. That is the essence of free speech.

    43. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      "Also, is being gay something so horrible that entertaining the notion that you might be gay is a serious crime?"

      Clearly you have not been paying attention - even the most liberal states of California and Maine have decided by popular vote that the answer to that question is "Ewww! Icky! Keep them awaaaay from me!!"

      DISCLAIMER: I merely jest. I voted no to Prop 8.

    44. Re:If he did, he would be wrong by Attila+Dimedici · · Score: 1

      There are two things to be considered here. First, we don't know what the comment was, so we cannot accurately judge whether it goes over the line and requires the poster be revealed. Second, depending on what the comment actually was, it is possible that whether or not there is anything to be gained by suing for damages depends on who made the comment in the first place (for example, if the comment was made by someone who would gain by influencing the Mom's behavior out of fear for her child it would be significantly different than some random stranger just going off on a rant).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    45. Re:If he did, he would be wrong by AndersOSU · · Score: 1

      Graffiti and anonymous pamphleteering are a lot older than this little country. Also older than this country are the problems associated with people saying provocative things in the town square.

      The difference is that with the advent of the internet, everyone thinks they have the right to public anonymity - which should be recognize as an oxymoron, but isn't.

    46. Re:If he did, he would be wrong by jo_ham · · Score: 2, Insightful

      If you say "I think we should kill him!" in response to "what should we do with this guy!" from an angry mob of people who accuse someone of some serious crime (whether guilty or not, you have no proof) and they do , in fact kill him, then you can't use "free speech" as a defence if there's a reasonable chance that you are putting someone in jeopardy.

      Similarly if you shout "bomb!" in a crowded room and people get trampled to death trying to escape when you knew it was a hoax.

      Libel and slander are specific cases of veracity of the facts, or spreading information you know to be true but that is damaging anyway.

    47. Re:If he did, he would be wrong by Requiem18th · · Score: 1

      Firstly, I don't buy that *she* has to know the identity of the commenter, the judge or some independent party can decide if the commenter really gained anything from the comment.

      Secondly, I don't buy that --restriction orders not withstanding-- the identity of the commenter should matter, nor what he gains from it, if he gains a penny, or a buck, or a thousand, you are supposed to sue from the damage you get, not from the gain they get.

      Isn't this why the MAFIAA can sue for hundreds of thousands of dollars on damages?

      --
      But... the future refused to change.
    48. Re:If he did, he would be wrong by PopeRatzo · · Score: 1

      If your speech incites violence or puts people in danger, it's not civil action you have to worry about, but criminal action.

      --
      You are welcome on my lawn.
    49. Re:If he did, he would be wrong by Attila+Dimedici · · Score: 1

      What if what the commenter gains is political power? Not all gains are monetary, just as not all losses are monetary. What if this comment puts the commenter in a position to pressure the Mom to vote his/her way on some political matter? Maybe the Mom has reason to believe that the comment was made by someone who has been harassing her or her child? Maybe someone had threatened her family if she took a certain action in her official capacity and this looks like a follow up to that threat?
      Quite simply, we don't know enough to decide if this was an improper order by the judge. The bar for this order being appropriate is pretty high, but all of the things that we would need to know in order to determine whether it reached that height are unknown to us.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    50. Re:If he did, he would be wrong by PopeRatzo · · Score: 1

      Take the ever popular shouting "Fire!" in a crowded theater. There is no restriction on doing so.

      That's kind of a silly, semantic assertion.

      It's like saying "there's no restriction on murder, but you might go to prison for life for it".

      Yes, a law against something IS a "restriction" and there is a law against speech that puts people in danger or incites violence.

      --
      You are welcome on my lawn.
    51. Re:If he did, he would be wrong by Alex+Belits · · Score: 1

      No, it's a reference to this video.

      --
      Contrary to the popular belief, there indeed is no God.
    52. Re:If he did, he would be wrong by PopeRatzo · · Score: 1

      It means exactly that you can say anything that you want. There are sometimes consequences for saying those things,

      That's like saying "you can kill someone, but you might go to prison for murder".

      Fact is, the US Constitution does not protect any and all speech. It does not protect speech that puts people in danger or speech that incites violence. It also does not protect you from civil action for certain speech. That was not the intent of the framers, nor has it ever been the interpretation of the Court. The First Amendment is about political speech. That's it.

      --
      You are welcome on my lawn.
    53. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      Please refer to comment: "Re:Here is the "deeply disturbing" comment" by ObsessiveMathsFreak (773371) above...

    54. Re:If he did, he would be wrong by Yamata+no+Orochi · · Score: 0

      I explained pretty clearly that I got the joke at first, but that it really stopped seeming like a joke toward the end. Sorry you felt the need to remark so unhappily about it.

    55. Re:If he did, he would be wrong by I'm+not+really+here · · Score: 1

      Indeed, I agree with you, however after reading the comments, I found none of them to be libelous, threatening, or harassing in any way.

      --
      Before commenting on the Bible, please read it first
    56. Re:If he did, he would be wrong by AndersOSU · · Score: 1

      Ok, so do you lack freedom of speech if there are criminal consequences for inciting violence or putting people in danger?

    57. Re:If he did, he would be wrong by GlassHeart · · Score: 1

      Also the Internet operates under the idea that all peers are that, peers. That means either everybody is an adult or everybody is a child. Considering that the Internet can take you faster than a car to places further than a passport can, it should be safe to assume every peer is an adult.

      The Web is not one place, it's a lot of sites, each with its own stated and unstated norms of conduct that participants must follow. At a "newspaper website", why would you expect that every participant is an adult?

      Also, is being gay something so horrible that entertaining the notion that you might be gay is a serious crime?

      It's all in the context, just like any other word. If you mean it as a pejorative, then it is. I don't know what you mean precisely by "serious crime", though.

    58. Re:If he did, he would be wrong by Requiem18th · · Score: 1

      Since you keep repeating "we don't know enough" I guess you haven't read it, the source can be found in TFA adn here in slashdot.

      From http://www.chicagobreakingnews.com/2009/11/trustee-may-learn-identify-of-anonymous-internet-poster.html

      The comments at the heart of the case came at the end of a series of posts between Hipcheck16 and Stone[the Mom and public figure]'s son, who was concerned about online remarks the teen regarded as critical of his mother.

      At one point, the teen asked to know the poster's identity and challenged him to debate the issues in person.

      Declining an invitation to pay a visit, Hipcheck16 posted a response that said, according to court documents, "Seems like you're very willing to invite a man you only know from the Internet over to your house -- have you done it before, or do they usually invite you to their house?"

      The post then continues with references to the boy's "mommy," saying that statements made by her son may cause her political problems after her election, according to court records.

      Stone said the comments crossed the line.

      "I would like to hear the explanation for the innocent part of that," she said. "There was no joke, there was no punch line."

      Stone is obviously playing dumb, it's a clear rhetoric question implying "you should not invite strangers to your house, it does not look on records for your mommy"

      i guess you'll still insist this is not enough information, maybe "mommy" is a secret code for "I'll kill you" between Stone and an third party, undisclosed, so Stone herself must verify the commenter's identity.

      You said "The bar for this order being appropriate is pretty high", but the way you present it it seems like Stone (or any other claimant) is the only one who can judge whether we have anonymity in the web at all.

      If I was a US citizen, I'd pressure to move the bar higher. Death threats and spam seem better metrics rather than simply asking "do you invite strangers home?" that's a pretty low bar to me.

      --
      But... the future refused to change.
    59. Re:If he did, he would be wrong by Attila+Dimedici · · Score: 1

      No, I didn't read the article linked to in the article linked to in the slashdot summary. The article linked to in the summary says that the comments that were "deeply disturbing" were not specifically described in the article. I saw no reason to look further. Obviously, the poster of this article linked to the wrong article, since the linked article does as bad a job of summarizing the original article as slashdot summaries often do.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    60. Re:If he did, he would be wrong by Magic5Ball · · Score: 1

      If her morals were so easily swayed by anonymous comments which are otherwise not criminal (otherwise LEO would be doing the discovering), her role in a public position of trust would be more of a concern as she would in office be exposed to far worse from politicians and lobbyists she will encounter on a regular basis.

      --
      There are 1.1... kinds of people.
    61. Re:If he did, he would be wrong by Requiem18th · · Score: 1

      At a "newspaper website", why would you expect that every participant is an adult?

      Because it is more sane to expect parents, who already are supposed to control their children's access to TV, alcohol, phone... etc to also take responsibility for their children's net access, than for the rest of the world to throw draconian measures of authentication, banishing privacy and anonymity from the net in the process.

      I don't know what you mean precisely by "serious crime", though.

      I'd say serious enough to triumph over the First Amendment, I'm sorry, I'm not fluent in legalese.

      --
      But... the future refused to change.
    62. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      Yeah, except that when you make a prank phone call, the other person was just sitting there. It's like walking up to them on the street and harassing them.

      This kid posted something in a public forum, and the response was back through the public forum. It's not like the anonymous commenter went to the kid's website and spammed it, which even then wouldn't be a big deal at all, but which is also the closest analogy to your flawed point I can even think of.

    63. Re:If he did, he would be wrong by MozeeToby · · Score: 1

      Because a phone call is innitiating the contact in the privacy of your home. There is no easy way to block harrassing phone calls and just getting phone calls you don't want is somewhat harmful as it ties up your phone line and reduces its value. The internet, is a giant meeting place; this case is like meeting someone in the park, getting into an argument about politics, and being called an asshole. There is nothing libelous, slanderous, or harassing about that.

      The statement was obviously an insult and not meant to be true; hence, it is not libellous.
      The statement was in no way threatening.
      The statement was mean, but that doesn't equate to harrassing. Harassment is ongoing, persistent meanness. Harassment is following the kid from forum to forum to continue the argument. Harassment is threatening violence or insighting fear. Harassment isn't calling someone gay once.

    64. Re:If he did, he would be wrong by shentino · · Score: 1

      All opinions are statements of fact.

      The fact being asserted, however, is that you have a given opinion.

      "I think you suck donkey dick"

      I am stating for a fact that I think so.

      I am NOT stating that you actually do.

      At least in theory. In the real world, many things can simply be imputed.

    65. Re:If he did, he would be wrong by shentino · · Score: 1

      Which is why we have things known as warrants.

    66. Re:If he did, he would be wrong by Lord+Kano · · Score: 1

      Libellous comment is libellous
      Threatening comment is threatening
      Harassing comment is harassing

      And a Bullshit comment is still bullshit.

      An necessary element of Libel is that it could be believed by a reasonable person, no reasonable person believes anonymous internet postings.

      Things that would be threatening in person are laughable on the internet. Certainly, there are things that one can say/do online that are much worse than mere threats but come on now. Don't overreact.

      How can anyone harass you online? Most online venues give you the option to ignore people. No one can harass you, if you're ignoring them.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    67. Re:If he did, he would be wrong by russotto · · Score: 1

      civil action isn't an official consequence.

      Really? So the judge isn't a government official?

    68. Re:If he did, he would be wrong by lennier · · Score: 1

      I don't understand why ANYONE is allowed to block their phone number from Caller ID. If I'm receiving a call from you, I have the right to know who you are. Period.

      It's like From: addresses on SMTP email. Nobody needs the right to falsify those. Nobody.

      We have 'identity' for a reason - because without it, you can't track reputation, and without reputation, you can't evaluate potential transactions before entering into them.

      If you want the freedom to be able to do stuff that people dislike and have them not know that you did it and yet still be able to do it over and over again to new victims - sorry, but that's not part of the social bargain you enter into with civilisation.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    69. Re:If he did, he would be wrong by TheoMurpse · · Score: 1

      Are actions "speech" as well (e.g., holding up a sign or something like that, which is definitely not verbal).

      If so, I presume you think murder, an action which expresses the thought "I want you to die," should be unpunishable free speech as well.

    70. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      Nobody deserves anonymous abuse unless it is a matter of serious public concern. Assuming that your statement is correct, if the kid is already a "mommas boy" then online bullying would only make things worse. And in your post you have clearly identified yourself as a supporter of online bullying of the less socially able ("deserved"). Consider what this says about you, because it isn't very nice.

      Bullied on slashdot, much, momma's boy?

    71. Re:If he did, he would be wrong by Anonymous Coward · · Score: 0

      Burma Shave!

    72. Re:If he did, he would be wrong by AndersOSU · · Score: 1

      the judge isn't suing you - he isn't even on the "the other side."

  4. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 5, Interesting

    from her website, she's generally anti-freedom

    opposes freedom to own "vicious" dog breeds
    opposes freedom to use "dangerous pesticides" to kill mosquitoes
    opposes freedom to use marijuana

    and, from her actions, seems like she's kind of opposed to free speech. However, most telling are the comments in the local newspaper about her endorsement http://www.dailyherald.com/story/comments/?id=280060

    What a bitch

  5. Hip Check by kencf0618 · · Score: 2, Informative

    For what it's worth, "hip check" is a roller derby term.

    1. Re:Hip Check by hyades1 · · Score: 3, Informative

      It's a hockey term, actually. I imagine roller derby appropriated it because it's basically the same kind of hit. In hockey, though, you can get much better arc on your opponent if you catch them just right.

      --
      I've calculated my velocity with such exquisite precision that I have no idea where I am.
    2. Re:Hip Check by Yamata+no+Orochi · · Score: 0

      You're both wrong, the user is obviously an avid Monster Hunter.

  6. What was the "deeply disturbing" comment? by totally+bogus+dude · · Score: 4, Interesting

    From comments on some random website: There is no case, therefore no reason to reveal ID. Trib said after her son asked Hipcheck16 to debate in person, Hipcheck16 asked her son if he frequently invites guys fron the internet over. A perfectly valid question. It could have been meant to make son more cautious in general. Good advice in the form of a rhetorical question.

    But I have no verification if that's correct, and if it is, whether it's the whole story.

    1. Re:What was the "deeply disturbing" comment? by roguetrick · · Score: 1

      I believe the Judge feels the language is strong enough to bring the case to court, which would reveal the poster's identity anyway. This option allows her to find out who it was and decide not to press charges. I think the better discussion would not be if the case was strong, but if its right to give personal information that could avoid prosecution. I'm kind of feeling that it is. No sense in putting a loudmouth 13 year old through the legal ringer.

      --
      -The world would be a better place if everyone had a hoverboard
  7. Re:Maybe the 15 year old is a momma's boy by rolfwind · · Score: 1

    Did the judge consider the possibility that the boy in question might be a momma's boy and deserved the online abuse? I find it hard to believe that this kid is well adjusted considering his mommy is willing to go to court to unmask his tormentors.

    What does "deserved" mean? Did the boy in question do something that merited a punishment or is he simply guilty for being different or not part of the in crowd in some way.

    I would like more details of the case, but harrassment, whether online or offline is not merited and to give would-be vigilantes license to act as judge and jury to decide in place of one is stupid.

    What I find hard to believe is that is that the person who made the comments has any balls at all considering they went all the way to court to protect their identity, rather than say it to a person's face. Are there a place for anonymous comments? Yes, defitely, to fight a system mostly. For bullying or harrassment? No.

  8. When will some people learn... by Viol8 · · Score: 2, Insightful

    ... that theres really no such thing as anonymity online. If someone wants to find out who you are then eventually they will. Which obviously is a double edged sword - if its someone protesting against an oppressive government or suchlike then anonymity is prized , however if its some spiteful little teen using it to fire unpleasent potshots at people he/she doesn't like then I suspect most people will care little if their identity is revealed and most will probably be quite happy with that decision.

    1. Re:When will some people learn... by MichaelSmith · · Score: 5, Informative

      ... that theres really no such thing as anonymity online. If someone wants to find out who you are then eventually they will.

      I could...

      • Steal wifi
      • Pay cash at an internet cafe
      • Use free wifi at McDonalds etc
      • Use an anonymous computer at work
      • Use tor or a proxy
    2. Re:When will some people learn... by Anonymous Coward · · Score: 0

      There is anonymity... and then there is anonymity... if you have a little smarts and a little know-how you can be almost impossible to track without prior knowledge of when the posting is going to take place or much more security than a newspaper site uses.

    3. Re:When will some people learn... by roguetrick · · Score: 2, Insightful

      Opening yourself to Man in the Middle spying or Over the Shoulder spying isn't a bulletproof plan to protect anonymity if you're a paranoid individual.

      --
      -The world would be a better place if everyone had a hoverboard
    4. Re:When will some people learn... by hansraj · · Score: 1

      Hah, I don't have to do any of that. I will just use my wifi and claim that you stole my wifi!

    5. Re:When will some people learn... by Ralph+Spoilsport · · Score: 1
      another missing option:

      live in another country.

      People forget the interweb thingie is international in scope and reach. As long as you speak the language of the locals, you can go make a mess and there is little anyone can do about it. Example: Some little douchebag in Miami might find a local chat group or BBS or blog or whatever in.... I dunno... New Zealand. And he'll go there and stink the place up and get a bunch of people pissed off, call them names and just generally act like an ass. EVEN IF the people in NZ find out his identity, there isn't jackshit they can do about it. Therefore, there is no real reason to go after some anonymous coward for being a dick. If that were possible, you'd see the traffic volume and level of stupidity here on slashdot drop a lot.

      Hmmmm... Maybe it is a good idea...

      (joking)

      RS

      --
      Shoes for Industry. Shoes for the Dead.
    6. Re:When will some people learn... by Povno · · Score: 1

      There are people who have spent a lot of money on education, so they could make a lot of money rendering all those things mute. Nearly anything you do, if handled by a professional with the proper tools, can be traced back to you. If you think it's that easy to get away with, find a security professional or an ethical hacker and ask them. There is no anonymity on the internet, only the option to not use a name.

      --
      sudo apt-get lost
    7. Re:When will some people learn... by Anonymous Coward · · Score: 0

      ...so they could make a lot of money rendering all those things mute.

      MOOT! It's MOOT! It doesn't even sound the same as MUTE!

    8. Re:When will some people learn... by Kattspya · · Score: 1

      How is the man in the middle going to learn my identity and why would he be interested in my identity?

    9. Re:When will some people learn... by PitaBred · · Score: 1

      It's enough to protect you from any legal discovery though, which is all that this is about.

    10. Re:When will some people learn... by rliden · · Score: 1

      That makes the trail more difficult, not impossible to follow. If you use your laptop at a WiFi point someone still has your MAC somewhere. Nothing on that list guarantees anonymity.

      --
      Don't think of it as a flame, more like an argument that does 3d6 fire damage.
    11. Re:When will some people learn... by Anonymous Coward · · Score: 0

      Two words: Plausible deniability.

    12. Re:When will some people learn... by Anonymous Coward · · Score: 0

      When will people learn that it doesn't matter if some random kide sends you a message? I've seen all kind of crap in my time, half of it directed at me, but I'm not dumb enough to take it seriously. Sometimes, it's not the bully's fault, but the "victim"'s fault for being too sensitive.

      Sure, you shouldn't go around "SCREW YOU"ing random people, but it shouldn't be punishable.

    13. Re:When will some people learn... by Anonymous Coward · · Score: 0

      >someone still has *a* MAC somewhere
      Fixed that for you. Google macchanger.

  9. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    the 'system' just might consider one who fights it a 'bullying harrasser.'

  10. Re:Maybe the 15 year old is a momma's boy by daem0n1x · · Score: 4, Insightful

    Your freedom ends where the freedom of others begin. If you want to smoke marijuana please go ahead. That won't harm me in any way. But if you want to walk around with dangerous dogs that can attack me or want to spread dangerous pesticides on the environment, that's not only YOUR freedom on the table.

  11. Feeling left out? by Vinegar+Joe · · Score: 1, Troll

    Here's some hot news for the rest of the world.

    "Britons are among the ugliest people in the world, according to a controversial website that only allows 'beautiful' people to join.

    Fewer than one in eight British men and just three in 20 women who have applied to BeautifulPeople.com have been accepted, reports the Daily Telegraph."

    http://www.ananova.com/news/story/sm_3557668.html?menu=

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
    1. Re:Feeling left out? by Anonymous Coward · · Score: 1, Insightful

      Perhaps Britons are just not retarded enough for that kind of crap.

      Thank you and goodnight.

    2. Re:Feeling left out? by 1s44c · · Score: 1

      Here's some hot news for the rest of the world.

      "Britons are among the ugliest people in the world, according to a controversial website that only allows 'beautiful' people to join.

      Fewer than one in eight British men and just three in 20 women who have applied to BeautifulPeople.com have been accepted, reports the Daily Telegraph."

      http://www.ananova.com/news/story/sm_3557668.html?menu=

      Speaking as someone who spent a large number of years in the UK that's pretty funny. That will teach the ba***rds to ridicule American plugs not long ago.

    3. Re:Feeling left out? by commodore64_love · · Score: 1

      I'm surprised.

      First there were the Celtic-Britons. Thn came an infusion of Romans and Gauls (100-300s). Then another infusion of Angles, Saxons, and Jutes (500s). A steady invasion of Vikings (Danelaw-800-1000). And finally Norman-French (1100-1200s). You'd think the modern day Celtic-Roman-Anglo-Danish-Norman people living in the UK would be some of the best-looking humans.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:Feeling left out? by jareth-0205 · · Score: 1

      "Fewer than one in eight British men and just three in 20 women who have applied to BeautifulPeople.com have been accepted, reports the Daily Telegraph."

      Heh, perhaps we're all just more successful and don't need to apply to dating websites...?

      Urgh, can you imagine the sort of person who applies to a dating website centred entirely around physical appearance...

    5. Re:Feeling left out? by donaggie03 · · Score: 1

      I think the idea is that children of mixed race are good looking. (That's not my idea, or my assertion. It's just something I've heard many times and I believe it's what you are referring to. Even if that were true, I don't think you could say many of the peoples you listed were a different race. They may have been different nationalities or ethnicities, but they were all caucasian. Mixing whitey and whitey will not produce beautiful babies, unless you have a predilection for white kids.

      --
      Three days from now?? Thats tomorrow!! ~Peter Griffin
  12. Re:Maybe the 15 year old is a momma's boy by reverendbeer · · Score: 5, Insightful

    Are there a place for anonymous comments? Yes, defitely, to fight a system mostly. For bullying or harrassment? No.

    Who decides what is "bullying" or "harrassment?" One person's "harrassment" might be someone else's "fighting the system." Who decides this? You? Me? Well, me, of course.

  13. Re:Maybe the 15 year old is a momma's boy by roguetrick · · Score: 1

    Regardless, its not a question of freedom, its a question of public health. It might be a stupid public health answer, but it goes through the right channels.

    --
    -The world would be a better place if everyone had a hoverboard
  14. hmm by chr1z · · Score: 3, Funny

    I'd comment, but then she'll get ME too.

    --
    yes cool.
    1. Re:hmm by wild_quinine · · Score: 1

      I'd comment, but then she'll get ME too.

      No, she'd only get that comment if you were an AOLer.

  15. An attack against anonymity by Anonymous Coward · · Score: 0

    On the internet isn't going to end well...

  16. Just Playing Politics by Intractable · · Score: 5, Insightful

    goddammit the woman is a politician - her issue is really about defamation & political reputation. - The trouble started when son defended his mom against some criticisms by hipcheck16. This is bad news for people who like to indulge in random uncensored political commentary. And as for us regular slobs who have no reputation to damage - we have to cop the crap without recourse to suing or whatever.

    1. Re:Just Playing Politics by 1s44c · · Score: 4, Insightful

      goddammit the woman is a politician - her issue is really about defamation & political reputation. - The trouble started when son defended his mom against some criticisms by hipcheck16. This is bad news for people who like to indulge in random uncensored political commentary. And as for us regular slobs who have no reputation to damage - we have to cop the crap without recourse to suing or whatever.

      So to sum it up this woman is a professional liar who is pretending that some anonymous stranger implying her son is homosexual is a big issue.

      The only thing that is 'deeply disturbing' is this woman's attitude and the fact that she doesn't have anything better to do.

    2. Re:Just Playing Politics by L4t3r4lu5 · · Score: 1

      this woman is a professional liar who is pretending that some anonymous stranger implying her son is homosexual is a big issue.

      Someone comment regarding this clearly homophobic trait she has. I'm sure Sith Lord Mandy will be super-happy with that.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    3. Re:Just Playing Politics by Gerafix · · Score: 1

      She's a bureaucrat, of course she doesn't have anything better to do!

    4. Re:Just Playing Politics by Anonymous Coward · · Score: 0

      ...and we have our winning post of the thread.

    5. Re:Just Playing Politics by Arthur+Grumbine · · Score: 1

      So to sum it up this woman is a professional liar who is pretending that some anonymous stranger implying her son is homosexual is a big issue.

      Am I the only one hoping that her son stumbles across 4chan? Oh, the shenanigans that would ensue!

      --
      Now that I think about it, I'm pretty sure everything I just said is completely wrong.
    6. Re:Just Playing Politics by fishexe · · Score: 1

      So to sum it up this woman is a professional liar who is pretending that some anonymous stranger implying her son is homosexual is a big issue.

      The only thing that is 'deeply disturbing' is this woman's attitude and the fact that she doesn't have anything better to do.

      No, the thing that is 'deeply disturbing' is that the court is letting her get away with it. If she isn't suing, or "hasn't decided to sue yet", then getting his information only serves the purpose of harassment. If the post in question was truly not protected free speech, there should be a legal case (whether civil or criminal) prior to discovery. This sets a dangerous precedent for anyone wishing to criticize politicians anonymously.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  17. Who said you'll be found out via the net? by Viol8 · · Score: 1

    On all those situations you or your car will probably be video'd on CCTV or seen by someone and couple that with the time that you did whatever it was you'll be found pretty quick.

    1. Re:Who said you'll be found out via the net? by Anonymous Coward · · Score: 0

      You know, some countries don't have all these Big Brother systems, and consider "1984" a work of fiction, not a development plan.

    2. Re:Who said you'll be found out via the net? by IndustrialComplex · · Score: 4, Insightful

      On all those situations you or your car will probably be video'd on CCTV or seen by someone and couple that with the time that you did whatever it was you'll be found pretty quick.

      So lets say someone wants to make an anonymous statement.

      Are you suggesting that 'they' are able to do this:

      1. Know within a short period of time that Anonymous comment X was made by someone they wish to track down.
      2. Subpoena the IP logs of the website where the comment was made (assuming that such logs are kept)
      3. Receive the logs, determine which ISP the IP was assigned to
      4. Subpoena the IP assignment table of the ISP and receive the cooperation of the ISP.
      5. Assuming that the IP is correct, identify the location where the wifi router was.
      6. Go to that location and take a guess as to which camera records to subpoena.
      7. Subpoena the records of the cameras.
      8. Hope that the cameras actually show something and that the data hasn't been overwritten. (Some only store 1 week of video)
      9. Ask around and see if anyone saw any nefarious individuals using *gasp*, a laptop. (Who are you going to ask in a McDonalds? The people who are there now, or the people who have scattered to the winds 5 minutes after eating? The employees who are obviously savants and remember everything since they work at McDonalds and could easily identify someone using a laptop in their store 2-3 weeks ago)

      10. Realize that the guy who posted the comment didn't even enter the store and simply typed up the statement/message in private and set it up to connect to the first open wifi location and didn't even have to take his laptop out of his bag.

      11. ????

      12. Profit.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    3. Re:Who said you'll be found out via the net? by Anonymous Coward · · Score: 0

      For the kind of anonymous statements I make, they'll go to those lengths to find me....bitch.

    4. Re:Who said you'll be found out via the net? by Spazztastic · · Score: 2, Informative

      Great post, IndustrialComplex. To expand on that, using a home made cantenna I can access someones WiFi from a block or more away. Using a LiveCD or just doing a low level format I can hide any trace of connecting to someones WiFi. I don't even need to leave my house. What are the police going to do, kick down every door looking for someone who made anonymous comments? Get real.

      Even if they were for any reason to get access to my house and find a pringles can, some coaxial cable and a few BNC connectors, what are they going to do? Arrest me? I'm some geek who enjoys pringles and I'm a certified to install fiber optic and copper cable.

      --
      Posts not to be taken literally. Almost everything is sarcasm.
    5. Re:Who said you'll be found out via the net? by mdwh2 · · Score: 1

      One could instead use a mobile broadband dongle thingy that you paid for with cash.

    6. Re:Who said you'll be found out via the net? by IndustrialComplex · · Score: 1

      Great post, IndustrialComplex. To expand on that, using a home made cantenna I can access someones WiFi from a block or more away. Using a LiveCD or just doing a low level format I can hide any trace of connecting to someones WiFi. I don't even need to leave my house. What are the police going to do, kick down every door looking for someone who made anonymous comments? Get real.

      Even if they were for any reason to get access to my house and find a pringles can, some coaxial cable and a few BNC connectors, what are they going to do? Arrest me? I'm some geek who enjoys pringles and I'm a certified to install fiber optic and copper cable.

      I actually considered using a cantenna as an example in my statement, however I believe that the simple obstacles involved in just finding someone that is actually physically present in the store are evidence enough that anonymous speech in the United States is very possible, and very difficult if not impossible to track except for a few, very rare, instances.

      Knowing that this is Slashdot, I also didn't mention the cantenna because for anything outside of your house, someone could be pedantic and use that as an "Aha, the cantenna is obvious and will mark you as something odd in the area and therefore noticable". Also, if you REALLY pushed it by doing something that 'They' really did want to find out (Maybe someone leaking nuclear blueprints or something), using an antenna from a stationary location for an extended period of time would make it so that you could be tracked, eventually, but it would take a very dedicated search.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    7. Re:Who said you'll be found out via the net? by Savior_on_a_Stick · · Score: 1

      Among other things, I manage public access points for my employer.

      If someone wanted to track a poster back to my provider, all the provider would be able to give them is our static ip.

      IF I wanted to cooperate, I could give them the time and a non routable ip that was in use at the time.

      The mac address isn't logged.

      What - someone is going to ask if anyone has seen someone on a laptop at a coffee shop?

    8. Re:Who said you'll be found out via the net? by Spazztastic · · Score: 1

      Also, if you REALLY pushed it by doing something that 'They' really did want to find out (Maybe someone leaking nuclear blueprints or something), using an antenna from a stationary location for an extended period of time would make it so that you could be tracked, eventually, but it would take a very dedicated search.

      Unless if a team that is doing no-knock raids knew what they were looking for I doubt they would catch on. With something as minor as trolling a message board and insulting someone I don't think any judge in their right mind would approve no-knock raids (or raids in general) on an entire neighborhood trying to find the culprit. If it's something far more important, like nuclear submarine plans or classified blueprints, you will have the FBI and other three-letter organizations on you. In that situation, you have far bigger problems and that may actually happen.

      --
      Posts not to be taken literally. Almost everything is sarcasm.
    9. Re:Who said you'll be found out via the net? by IndustrialComplex · · Score: 1

      Well yeah they aren't going after people trolling message boards, but I think you are getting a little over worried about no-knock raids (which don't have anything to do with the technology used to identify the location of the raid).

      Against a limited mobility emitter, it is fairly trivial to identify the source of that emission with the right equipment. You could identify the model of the hardware you are using and an expectation on the antenna. Assuming that they are searching legally for an actual criminal statement (Let's say you made a threat of violence) If the searching agency goes to a judge with the paper trail I have listed, the data on which house they wish to search, and an expectation on the hardware they expect to find there, I doubt they would be denied an actual legal warrant.

      My example was for someone attempting to make a political statement by simply passing through a wifi location once. Tracking that would be very hard.

      For someone operating in a fixed location making actual criminal threats.
      Tracking that would be very possible.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    10. Re:Who said you'll be found out via the net? by Anonymous Coward · · Score: 0

      Yeah right. The cops in this city can't do anything about rampant car theft, as if they're going to go to great lengths to find out who posted a rude comment on the fucking Internet.

      Get real. You watch too much CSI.

    11. Re:Who said you'll be found out via the net? by MichaelSmith · · Score: 1

      Using a LiveCD or just doing a low level format I can hide any trace of connecting to someones WiFi.

      You may have to do something about the MAC address on the laptop because it would theoretically be logged in the access point. I believe some wifi radios let you change the MAC address. Otherwise you would have to buy a cheap wifi interface (pcmcia or usb) with cash and dispose of it later.

  18. Re:Maybe the 15 year old is a momma's boy by value_added · · Score: 2, Insightful

    Regardless, its not a question of freedom, its a question of public health. It might be a stupid public health answer, but it goes through the right channels.

    Public health oncerns are generally overbroad, politically targetted, and regularly exaggerated.

    I'd suggest it's up to the individual to decide whether second hand smoke from someone smoking pot should characterised as objectionable, welcome, or somewhere in between (as in "Dude, it's only 8:00 in the morning").

  19. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0, Troll

    Your freedom ends where the freedom of others begin. If you want to smoke marijuana please go ahead. That won't harm me in any way. But if you want to walk around with dangerous dogs that can attack me or want to spread dangerous pesticides on the environment, that's not only YOUR freedom on the table.

    You have it a little backwards in my opinion. Dangerous dogs can be controlled by their keepers, that should not be legislated. Pesticides are necessary to avoid the spread of malaria and other rather unpleasant diseases, they should not be legislated against. Marijuana is the only one that is sure to cause greater societal suffering as can you imagine the number of driving related deaths caused if it became legal? Never mind the wider societal damage caused through throngs of stoners being less than productive members of society. If someones life is so terrible that they _require_ a substance to ease the pain then they need psychological help not the legalization of a drug that provides a temporary solution.

  20. your by Anonymous Coward · · Score: 0

    MOMMA

    now sue me!

    pff

  21. all i want by Anonymous Coward · · Score: 0

    all i want to do is eat meat and have sex like a rabbit.

  22. Re:Maybe the 15 year old is a momma's boy by mrvan · · Score: 2, Interesting

    I live in Amsterdam since 6 years, and I can tell you: marijuana smells pretty badly. So, I don't care about the substance, but regulating acceptable "smell levels" would not be a bad thing :-)

  23. Here is the "deeply disturbing" comment by sonamchauhan · · Score: 1

    You really should click more...

    Declining an invitation to pay a visit, Hipcheck16 posted a response that said, according to court documents, "Seems like you're very willing to invite a man you only know from the Internet over to your house -- have you done it before, or do they usually invite you to their house?"

    The post then continues with references to the boy's "mommy," saying that statements made by her son may cause her political problems after her election, according to court records.

    Stone said the comments crossed the line.

    "I would like to hear the explanation for the innocent part of that," she said. "There was no joke, there was no punch line."

    Stephen Tyma, an attorney representing Stone, said First Amendment protections were designed to shield anonymity in political debate, but not in what he characterized as sexual insinuations about children.

    Looks like a fit case for an apology by 'hipcheck' - if he did _not_ know the child was a minor

    If he _did_ know Stone's son was a minor, knowingly making lewd insinuations to a child is illegal and he deserves a visit from that process server.

    1. Re:Here is the "deeply disturbing" comment by ObsessiveMathsFreak · · Score: 4, Insightful

      Declining an invitation to pay a visit, Hipcheck16 posted a response that said, according to court documents, "Seems like you're very willing to invite a man you only know from the Internet over to your house -- have you done it before, or do they usually invite you to their house?"

      This is the internet. Around these parts, statements like that barely qualify as impertinent, let alone lewd.

      People who feel otherwise, should leave.

      --
      May the Maths Be with you!
    2. Re:Here is the "deeply disturbing" comment by MindlessAutomata · · Score: 1

      Oh, cut the "think of the children" crap, even 12 year olds say far worse things.

    3. Re:Here is the "deeply disturbing" comment by rliden · · Score: 1

      Why is the mother allowing her son to participate in an adult forum? Why is the news site allowing under age posters on their site? I find it odd that both the parent aren't being held equally responsible for exposing the minor to adult language in an adult forum especially in light that the discussion is political and those always get heated. People say offensive and rude remarks in the heat of political discourse. If this anonymous poster went over the line where does that place Fox News pundits who disparaging remarks about people continually.

      I think it's a huge stretch to label that remark as lewd, or rather more lewd than what that minor is legally exposed to on television, news, or entertainment media. I do believe in being responsible for ones actions and words, however, this seems (similar to Palin and Letterman) to continue a current trend where ordinary people are at risk for criticizing political figures and their representatives or constituents.

      --
      Don't think of it as a flame, more like an argument that does 3d6 fire damage.
    4. Re:Here is the "deeply disturbing" comment by Thuktun · · Score: 1

      You omitted the part of the article before that bit. Here's some more context:

      The comments at the heart of the case came at the end of a series of posts between Hipcheck16 and Stone's son, who was concerned about online remarks the teen regarded as critical of his mother. At one point, the teen asked to know the poster's identity and challenged him to debate the issues in person.

      Declining an invitation to pay a visit, Hipcheck16 posted a response that said, according to court documents, "Seems like you're very willing to invite a man you only know from the Internet over to your house -- have you done it before, or do they usually invite you to their house?"

      source

      The teen appeared to be soliciting a visit, and the posted declined, then lobbed an insult back. Wow, that's strong stuff. As a parent, I'd be more pissed off about the things my kid was saying online than the relatively-amusing response it garnered.

    5. Re:Here is the "deeply disturbing" comment by Anonymous Coward · · Score: 0

      I FUCKED YOUR MOTHER!!!

      - Anonymous Coward PO Box 666 in your capital city

    6. Re:Here is the "deeply disturbing" comment by sonamchauhan · · Score: 1

      If you knowingly make lewd statements to a minor...

      hey, what was I thinking? Yes, its the internet. Normal laws do not apply here!
       

    7. Re:Here is the "deeply disturbing" comment by sonamchauhan · · Score: 1

      i hope for your sake your's do not

  24. It's all in the details... by avatar_charlie · · Score: 2, Informative

    I'd personally say that that this is a door that should neither be fully opened nor fully closed by law in and of itself; but rather, decided on a case-by-case basis with other, more established legal precedents and laws being the deciding factors.

    In this case, TFA doesn't get into the specific nature of the comments made; I see that some enterprising commenters have found additional details, but we still don't have the fullest possible context to this story. There could be additional comments that were libelous, or simply hateful and abusive. In the US (your jurisdiction may vary) there is a certain additional protection in these situations afforded to persons who are not public figures. (In other words, if the article or story being commented on was ABOUT the teen in question, the level of protection is lesser; on the other hand, if the teen in question was not the subject of the piece, then the level of protection granted is somewhat greater.)

    In short, the internet is not, nor should it be, an open-ended platform to abuse people for no reason other than a desire to abuse. By the same token, where there is a clear public interest in commentary concerning public figures that may or may not be deemed "abusive" to the supporters of those figures, the protections for anonymous commenters should be protected to the fullest extent of the law.

    All that said, if the nature of the comments could be boiled down to "Hey don't attack my mom" followed by "you're an idiot", then if I were the judge, I'd have to err on the side of protecting free speech and privacy rights. If we have the full context here, this is not a question that deserves to have a federal case made of it.

    1. Re:It's all in the details... by rliden · · Score: 1

      The problem with deciding these issues on a "case by case basis" is that criticism will be silenced by those that have the power and money to oppose those who don't. That is, most people can't afford to defend their opinions in a court of law. Politicians could then keep the masses quiet by threat of court action. There should be no doubt that personal or public harm is done before a suit goes forward. In cases where a minor is involved in adult public political debate the parent should be held equally responsible for exposing their child.

      --
      Don't think of it as a flame, more like an argument that does 3d6 fire damage.
  25. Re:Maybe the 15 year old is a momma's boy by zach_the_lizard · · Score: 4, Insightful

    But if you want to walk around with dangerous dogs that can attack me or want to spread dangerous pesticides on the environment, that's not only YOUR freedom on the table.

    There are many things that are dangerous in this world. Cars, for instance, are numerous times more dangerous to me than any dog, and I speak as someone who has been attacked by a large and dangerous dog as a child. I would never call for a ban on either of those, but they do not necessarily invade the rights of others. Pesticides, too, can perhaps be used in a way that doesn't cause all of those nasty chemicals to pollute someone else's property. Until it crosses the border from one person's property to the next, it's OK in my book.

    --
    SSC
  26. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    I won't argue about the pesticide thing, because that is inherently impossible to contain except in quantities too small to matter. On the other matter, though... you want to ban breeds of dogs because they can attack people? That's just as stupid as banning some kinds of guns because they look scary. What an idiot.

  27. This will only help Scientology... by Anonymous Coward · · Score: 1

    ...and other overly litigious organizations.

    It may seem like this is off topic but look at how organizations like this operate.

    If a legal precedent comes along that allows people to get a judicial hearing to strip the anonymity of people without a proper criminal or civil trial then these organizations and people will be able to get the identity of anybody that criticizes them.

    And as we've seen with Scientology once they know who you are they can harass you into shutting up.

    This is not a good thing.

    Posting anonymously for several damn good reasons.

  28. retitled "Court pitches first amendment" by plasmacutter · · Score: 4, Insightful

    The fact that this is a politician stifling anonymous speech makes this decision even more egregious.

    This type of speech is SPECIFICALLY what the first amendment was written and added to the constitution to protect!

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:retitled "Court pitches first amendment" by RobotRunAmok · · Score: 1, Troll

      This type of speech is SPECIFICALLY what the first amendment was written and added to the constitution to protect!

      No it wasn't. There is nothing about the First Amendment protecting *anonymous* speech.

      Remember that when the amendment was written, it was not uncommon for governments to jail individuals for speaking against them, simply because they could. What the forefathers were saying was, "It won't be against the law to speak out against the government in America. Say whatever you want about your elected officials, we won't throw you in jail or prosecute you in any way." This was written SPECIFICALLY for the guys standing up on soapboxes, shaking their fists in the town square. I'm pretty sure Thomas Jefferson would deliver the back of his hand to any punk trying to hide behind the First Amendment to bully a child anonymously.

    2. Re:retitled "Court pitches first amendment" by Qzukk · · Score: 1

      I'm pretty sure Thomas Jefferson would deliver the back of his hand to any punk trying to hide behind the First Amendment to bully a child anonymously.

      I hear he bloodied Publius's nose.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:retitled "Court pitches first amendment" by ConceptJunkie · · Score: 1, Troll

      I disagree. Anonymous speech is fine to a point and something we should protect but only if it's convenient. When you start attacking someone's child, I think it falls into a different realm. Frankly, I think anonymous speech is in most cases cowardly, and is seldom necessary. In the case of whistleblowing, it can be valuable and necessary, but for the most part it serves no purpose and is definitely not covered by the first amendment. The "speech" part, yes. The anonymous part, no. And the commenter is still subject to libel/slander law, or the prohibitions of threats or inciting of violence, etc.

      I don't know what "deeply disturbing" amounts to, but it's likely it can associated with fear for the safety of the minor in question. If it amounts to some kind of threat or accusation of illegal activity, identifying the commenter might be called for. But not knowing the actual content, I cannot judge whether it's appropriate in this context.

      This is certainly not a cut-and-dried free speech issue.

      --
      You are in a maze of twisty little passages, all alike.
    4. Re:retitled "Court pitches first amendment" by ConceptJunkie · · Score: 0, Flamebait

      Unless you fear retribution for exposing lawbreaking or something similar that actively serves the good of society, there's no good reason for anonymity, and definitely no right to it regardless.

      When you publish something in a public space (on someone else's computer, literally their property), I don't see where you have any right to privacy. It might be useful to maintain the privacy of whistleblowers for their own safety, but that's a very, very small subset of anonymous speech.

      Frankly, I would never say anything on-line that I wouldn't want associated with my name (even "ConceptJunkie" which isn't very hard to trace to my real identity). But then again, I'm not an idiot who harasses other people's children (I have my own children to harass, thank you very much).

      --
      You are in a maze of twisty little passages, all alike.
    5. Re:retitled "Court pitches first amendment" by Blakey+Rat · · Score: 1

      I disagree. Anonymous speech is fine to a point and something we should protect but only if it's convenient. When you start attacking someone's child, I think it falls into a different realm.

      He's 15. Fifth-fucking-teen. He hears much worse than that every day at his school, I can guarantee it.

      I'm not saying it's right or anything, I'm just saying that if a 15-year-old man (I'm not going to coddle) can't take a few choice words in his direction, then he's going to be a huge failure at life. Internalizing your self-esteem is part of growing up, and it's a necessary process.

    6. Re:retitled "Court pitches first amendment" by rliden · · Score: 1

      I disagree. This type of speech is exactly what the First Amendment is designed to protect. The person being named or anonymous is totally irrelevant to the protection. The protection was put in place to protect those criticizing political figures. There is nothing in the article saying that the person is protected only if they're named or anonymous. Historically we see many political critics using pseudonyms just as some chose to use their real identity. This whole lawsuit smacks of an agenda to silence those who would criticize those in power. Can politicians now hide behind minors in a debate? A little far-fetched I know but that is what is happening in this case.

      --
      Don't think of it as a flame, more like an argument that does 3d6 fire damage.
    7. Re:retitled "Court pitches first amendment" by Anonymous Coward · · Score: 0

      Won't you think of the children?

      I mean seriously, you would think hipcheck16 wants the terrorists to win.

    8. Re:retitled "Court pitches first amendment" by BarefootClown · · Score: 1

      Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical, minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.

      Stevens, J., in McIntyre v. Ohio Elections Comm'n, 514 U.S. 334 (1995)

      "Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind. Persecuted groups and sects from time to time throughout history have been able to criticize oppressive practices and laws either anonymously or not at all. The obnoxious press licensing law of England, which was also enforced on the Colonies, was due in part to the knowledge that exposure of the names of printers, writers and distributors would lessen the circulation of literature critical of the government."

      Black, J., in Talley v. California, 362 U.S. 60, 64 (1960).

      There are others, but this case is an excellent example of the Court's concern in the second case: the "victim" is the child of a politician. Does anybody really think that there's not a chance said elected official wants to use her power to harass somebody who offended her child without actually posing a credible threat?

      --

      "Make it ten--I am only a poor corrupt official."
      --Captain Louis Renault (Claude Rains), Casablanca

    9. Re:retitled "Court pitches first amendment" by Anonymous Coward · · Score: 0

      No it wasn't.

      Um... Yes it was.

      Well, at least the opinion of the Supreme Court appears to support "anonymous free speech" being covered under the 1st amendment. And their opinion seems a pretty credible and meaningful counter to your opinion on Thomas Jefferson's motives.

      EFF has an excellent write-up on the topic, including references to precedent set by 'founding fathers': http://www.eff.org/issues/anonymity

    10. Re:retitled "Court pitches first amendment" by aXis100 · · Score: 0

      But it wasn't the political criticism's that got him in trouble - it was when he made unrelated insults towards her son. Whilst yes, he would certainly hear worse in the playground, this was in a public place and I think he crossed a line there.

    11. Re:retitled "Court pitches first amendment" by rliden · · Score: 1

      I read the original news article. Most of the posts have been deleted, but I the whole conversation was politically charged. Hipcheck may have made personally snide remarks that were irrelevant to the discussion, but everything in that conversation related to the topic. One could ask the question why that mother allowed her underage son to enter a public forum where her and her opponents constituents were engaged in a vitriolic and heated debate. What is even more puzzling is that she's using this example to further her "save the children" agenda.

      In what way did the alleged offender cross the line? He didn't, according to what we know, actually threaten the person nor did he start a public smear campaign. He insulted the alleged victim. That is all.

      --
      Don't think of it as a flame, more like an argument that does 3d6 fire damage.
    12. Re:retitled "Court pitches first amendment" by Anonymous Coward · · Score: 0

      Well perhaps the child should have shut the fuck up. If he wants to enter political debate he should be prepared for first amendment protected speech.

    13. Re:retitled "Court pitches first amendment" by AK+Marc · · Score: 2, Insightful

      There is nothing about the First Amendment protecting *anonymous* speech.

      Sure there is. It protects speech. Period. Whether anonymous or not. Given that many of the framers published under pseudonyms, I would assume they would understand that protecting all speech would include anonymous speech. And without anything in there specificallly denying the protections to speech that happens to be anonymous, it fully protects all anonymous speech as much as other speech.

      But I took the comments you are responding to to be about political speech. Someone talked about a politician. A family memeber debated those points. The debate continued (with ad hominem attacks, but that's debate none the less). This is a debate about politics and nothing else, and the Supreme Court has held that such speech is the most protected there is.

    14. Re:retitled "Court pitches first amendment" by StikyPad · · Score: 1

      There is nothing about the First Amendment protecting *anonymous* speech.

      You're certainly entitled to that opinion. The SCOTUS disagrees however, and their opinion carries a little more weight.

      I'm pretty sure Thomas Jefferson would deliver the back of his hand to any punk trying to hide behind the First Amendment to bully a child anonymously.

      Yeah, and I'm pretty sure Thomas Jefferson owned slaves too, so he's not exactly a role model for moral certainty, even ignoring your ridiculous effort to lend weight to your argument by attributing your beliefs to a historical figure. And if posting an offhanded snarky comment is bullying, then God help us all.

  29. Re:Maybe the 15 year old is a momma's boy by RobotRunAmok · · Score: 1, Interesting

    One person's "harrassment" might be someone else's "fighting the system."

    A fifteen year-old child is not part of The System, so this is clearly harassment. There are different standards for public discourse against celebrities/politicians and private citizens/minors, as there should be.

    And in no circumstance does "Freedom of Speech" equate to "Freedom of Anonymous Speech." Don't be lulled into a false sense of security by the proliferance of User IDs in lieu of real names. The day is coming when the US Government will subpoena the logs and UID databases of Slashdot, and at that time Slashdot's owners will fold in like an origami swan.

  30. Re: Perhaps anonymity is over-rated by JD770 · · Score: 1


    Is it fair to say that the internet would be quite a bit more polite if you had to publicly stand by your statements just as if you were standing on your soap-box in the town square?

    It appears to me that one of the major problems with today's society is the near complete absence of common courtesy. I understand the need for anonymity in certain situations. I also feel that public discourse would be far better off if you knew you may have to publicly acknowledge and back-up your statements.

    Where does the middle-ground lie between anonymity and personal responsibility? For now it appears that is determined, case-by-case, in the courts. Regardless of the outcome of this particular case, the web will remain troll-ridden. If that's a victory for free-speech, it's not a very satisfying one.

  31. Re:Maybe the 15 year old is a momma's boy by SharpFang · · Score: 5, Insightful

    But if you want to walk around with dangerous dogs that can attack me

    I don't want you walking around with a dangerous tool of rape tucked in your trousers. You could rape me any time!

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  32. The world gets a little worse every day by Anonymous Coward · · Score: 0

    Her son got into a flame war with a guy on the internet so of course a lawsuit has to happen and someone has to be given money because some how that will make everything ok.

    It's needless to say this guy should not have to reveal his name. It's stories like this that really make me sick of it all.

    As far as I know, hepcheck16 made a joke about this lady's son being gay and screwing old men he meets on the internet. This lady then overreacted, decided to pretend she was fighting for some cause greater than herself, and here we are today.

    For more info: http://randazza.wordpress.com/

  33. Re:Maybe the 15 year old is a momma's boy by daem0n1x · · Score: 1

    Dude, you shouldn't be afraid of me, I'm harmless.

    But I see lots of ghetto scum walking around with aggressive pitbulls that they use to look bad, threaten people and even to mug people. We are talking about dogs trained and used EXPLICITLY as weapons. Maybe something should be done about it, no?

  34. Re:Maybe the 15 year old is a momma's boy by 2obvious4u · · Score: 1

    You're right about the dangerous pesticides.
    You're wrong about dangerous dog breads.
    As long as they obey leash laws the bread shouldn't matter. If you trespass into their fenced yard, and are bitten, that is your fault.

  35. Re:Maybe the 15 year old is a momma's boy by crimperman · · Score: 1

    > Did the judge consider the possibility that the boy in question might be a momma's boy and deserved the online abuse?

    Hmm that reminds me of when I did Jury service some years back. It was a GBH case and one of the jurors said "To be honest if the victim was as annoying that night as he was in court today, he was probably asking for a slap - but that doesn't mean they should have done it"

  36. Sometimes a cigar is just a cigar by arth1 · · Score: 3, Insightful

    Lewd? I see no lewd insinuations at all in the above quote. Read it carefully, and avoid projecting your own lewdness on to the sentence.

    Yes, it can make a reference to sex. As it can to underage drinking, running away from mom, sedition, playing with legos, and a whole lot of other things. The poster only set up an entrapment for your lewd mind, and succeeded.

    I think one has to be seriously oversexed or repressed to see a sexual reference where there is none.
    Which, perhaps, tells us plenty about the situation here in the US today. Many people will actively look for "lewdness" under every rock, because that's where their repressed minds go.

    1. Re:Sometimes a cigar is just a cigar by Anonymous Coward · · Score: 0

      Personally, I blame Rush Limburg, and Glen (I never raped and murdered a teenage girl in 1990) Beck.

    2. Re:Sometimes a cigar is just a cigar by donaggie03 · · Score: 1

      I think you are entirely right. I wouldn't even make that argument though. I'd say so what if he made a lewd comment? Some minor brat is hanging out on a public forum and now I have to watch what I say? Fuck that. How old is this kid? The closer to 18 he is, the more he should be able to handle some random lewd comment on the internet. The younger he is, the more likely he needs more parental supervision while on the internet.

      --
      Three days from now?? Thats tomorrow!! ~Peter Griffin
    3. Re:Sometimes a cigar is just a cigar by Anonymous Coward · · Score: 0

      I agree. Asking someone if they frequently meet people from the internet is prompting them to think about the safety of what they're just doing. Saying that the son's statements or actions may cause political problems for his mother is, again, totally common-sense - does the name 'Bristol Palin' ring a bell?

    4. Re:Sometimes a cigar is just a cigar by Anonymous Coward · · Score: 0

      Surely you mean Glenn "I haven't denied raping and murdering a teenage girl in 1990" Beck.

    5. Re:Sometimes a cigar is just a cigar by Anonymous Coward · · Score: 0

      Your comment reminds me of the child sitting in the back seat of a car next to a sibling pointing their finger 1 inch away from the eyeball of another and chanting "I'm not touching you!".

      Grow up and call a spade a spade.

    6. Re:Sometimes a cigar is just a cigar by Anonymous Coward · · Score: 0

      Well, no, we know he didn't rape and murder a little girl in 1990. What we want to know is why he hasn't denied doing so in 1980.

      But way to deflect the question, there!

    7. Re:Sometimes a cigar is just a cigar by mea37 · · Score: 2, Insightful

      Pretending the words don't mean what everyone reading them knows they mean is the wrong approach. Trying to convince people to say that they might mean something else by insulting those who jump directly to the meaning that was clearly intended when the words were written? Ancient rhetorical trick, not even an A for effort.

      If it's 1960, and I'm with a group of guys in white hoods, and finding a black man I say "fetch a rope", I don't get to later claim "maybe I was just offering to help the poor guy with his knot-tying merit badge". Social context does, in fact, matter.

      There are plenty of valid ways to qusetion the legal standing of the mother; if you would choose from among those to expect a judge or 12 jurors to think 'do you often invite men you know only from the internet to your house, or do they usually invite you over' to mean anything other than 'heh heh, you have gay sex with guys you meet online', you're fooling yourself.

      It certainly wasn't graphic. It clearly wasn't intended as enticement of a minor. It may have crossed a legal line based on the protective attitude the law takes toward minors, sex, and the Internet. That's a different question than where exactly the line should be. Then again, those laws are criminal in nature and would not involve the mother looking at the identity and deciding whether to sue. Whether that line was crossed would be a matter for the prosecutor's office.

      This is about defamation law.

      Anyone who was a teenager in the 90's or later knows exactly what hipcheck16 was doing - taking a cheap shot in a flamewar. Winning a defamation suit over that would be nearly impossible. Regardless of procedural matters - should the suit have been brought first, etc. - the judge is wrong to take away the speaker's anonymity in connection with a possible defamation suit unless such a suit is likely to succeed, which it should not be.

    8. Re:Sometimes a cigar is just a cigar by HiThere · · Score: 1

      It did, if I read it right, also include a threat to damage his mother's political career (if she won). I suppose this could be seen as the first step of either extortion or blackmail.

      I agree. This doesn't appear to be a case that should be winnable, but I'm a bit less certain than you are. I can see grounds for the judge to know the defendant's identity. I don't really see any grounds for sharing it with the attacker? prosecutor?, I'm not really quite sure what the appropriate term is. Attacker seems closer than prosecutor, since on suit has been filed.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    9. Re:Sometimes a cigar is just a cigar by pla · · Score: 1

      Pretending the words don't mean what everyone reading them knows they mean is the wrong approach.

      I can't prove it, obviously, but I sincerely did not read the statement as meaning anything sexual until I saw others describe it as such.

      I took it no differently than a sarcastic, "So, do you often accept candy from strangers, or do you drive around offering it to them" - Though re-reading that, I suppose you could call that a sexual reference as well.

      So to phrase it more bluntly, "do you have a secret death wish, or do you intend to lure me out to kill me?".

    10. Re:Sometimes a cigar is just a cigar by mea37 · · Score: 1

      I think it would be tough to make extortion out of what was said; but either way, that would be a criminal matter.

      I find these comments looking for a law other than defamation that might apply a bit strange, since the judge was specifically ruling in connection with a possible defamation suit. Even if criminal charges could be brought based on what was said, those charges would not be related to any possible defamation action, would not be at the mother's discretion, and would have their own built-in procedures for deciding if and when anonymity goes away.

    11. Re:Sometimes a cigar is just a cigar by Anonymous Coward · · Score: 0

      Your comment reminds me of the child sitting in the back seat of a car next to a sibling pointing their finger 1 inch away from the eyeball of another and chanting "I'm not touching you!".

      Grow up and call a spade a spade.

      That's "African American", thanks.

    12. Re:Sometimes a cigar is just a cigar by arth1 · · Score: 1

      Pretending the words don't mean what everyone reading them knows they mean is the wrong approach.

      Everyone? Speak for yourself.

      Trying to convince people to say that they might mean something else by insulting those who jump directly to the meaning that was clearly intended when the words were written? Ancient rhetorical trick, not even an A for effort.

      If it's 1960, and I'm with a group of guys in white hoods, and finding a black man I say "fetch a rope", I don't get to later claim "maybe I was just offering to help the poor guy with his knot-tying merit badge". Social context does, in fact, matter.

      In your example case, the social context is clear -- white hoods and a black man.

      So prey, tell, what, exactly, was the context that made you think of sex, as opposed to, say, murder?

    13. Re:Sometimes a cigar is just a cigar by stephanruby · · Score: 1

      Pretending the words don't mean what everyone reading them knows they mean is the wrong approach.

      Social context does, in fact, matter.

      Exactly, let's not fool ourselves. The invitation from the fifteen year old son wasn't an invitation for sex, but nor was it an invitation for an amicable discussion either. It was a threat, an implied (probably empty) threat, but a threat nevertheless.

      And in my opinion, the Anon handled it very well.

      He could have asked "Is that a threat?" No doubt, the kid would have said, "No, not at all." Just like the kid could have asked "Is that a gay innuendo?", but the answer to that question would have been a "No" as well.

      And please notice how the mother is playing the same game as her son's. We all know she (and her Counsel) have no intention of attacking the Anon for defamation. I think, we all know she just wants his identity and his address for other reasons.

      Once she has it, her son will probably go over there to see if he's bigger than him. Failing that, now that she is a Village trustee, and since the Anon is probably that Village's resident she's a Trustee in (otherwise, the story wouldn't make much sense), she'll probably find ways to use her office to enact revenge on the Anon (and even if she doesn't, as long as she's an official with power over him, the Anon will always have that potential threat of retaliation hanging over his head).

      So make no mistake, this isn't a Defamation case, nor is it anything about keeping children safe (on the contrary), this story is about speaking truth to power. And it's about the government's right to find out the identity of an anonymous political commentator when that commentator really pissed off one of his government's leaders.

    14. Re:Sometimes a cigar is just a cigar by stephanruby · · Score: 1

      Is this the part that made you think of 'extortion'?

      The post then continues with references to the boy's "mommy," saying that statements made by her son may cause her political problems after her election, according to court records.

      Personally, I took it to mean that the kid shouldn't make physical threats to perfect strangers on a bulletin board, otherwise that may embarrass the kid's mother politically.

    15. Re:Sometimes a cigar is just a cigar by sonamchauhan · · Score: 1

      Lewd? I see no lewd ...

      Read it carefully, and avoid projecting your own lewdness on to the sentence.

      You either real dumb, or wilfully dishonest.

      I think one has to be seriously oversexed or repressed to see ...

      Kindly avoid projecting your simplistic stereotypes onto folks you disagree with.

    16. Re:Sometimes a cigar is just a cigar by sonamchauhan · · Score: 1

      the context of popular culture today
      (note - I'm not the person who's well written post you replied to)

  37. Re:Maybe the 15 year old is a momma's boy by dvorakkeyboardrules · · Score: 1

    from her website, she's generally anti-freedom

    opposes freedom to own "vicious" dog breeds opposes freedom to use "dangerous pesticides" to kill mosquitoes opposes freedom to use marijuana

    and, from her actions, seems like she's kind of opposed to free speech. However, most telling are the comments in the local newspaper about her endorsement http://www.dailyherald.com/story/comments/?id=280060

    What a bitch

    This post is a good example of the "Appeal to motive" fallacy. See http://en.wikipedia.org/wiki/Appeal_to_motive

    The AC's argument basically boils down to saying "This woman has wrong beliefs about Issues A, B, and C because of her bad philosophy, and therefore her belief about Issue D must also be wrong. Move along now."

  38. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    How exactly do you propose to define which dogs are 'dangerous'? If you think that a 'breed' of dogs is inherently dangerous, think again. What makes dogs dangerous more than anything is abuse.

  39. Re:Maybe the 15 year old is a momma's boy by twostix · · Score: 0, Troll

    So you won't mind me moving my pet grizzly bear that I've trained to be as aggressive as possible into the backyard next to yours then?

    He's harmless, really, an absolute teddy bear and I *promise* he wont knock down your fence and tear you limb from limb as soon as you walk out the back of your house. He absolutely respects your high minded property rights being an animal and all.

    Generally when dogs like that "cross the border from one persons property to the next" they maul some poor kid, another animal, etc. There are many animals banned from inside city limits, why should certain breeds of dogs which statistically are now the most dangerous animals to humans on the entire planet be exempt?

    I'll do a deal though, you get to keep your savage dog in the city if I get to keep my grizzly bear as well.

  40. Re:Maybe the 15 year old is a momma's boy by cmdr_tofu · · Score: 2, Funny
    That is why I cmdr_tofu am stating for the record that I:
    • love my government, flag, country, king, surveillance
    • support the things everyone else supports
    • oppose the things everyone else opposes
    • please don't send me to guantanomo bay
  41. Re:Maybe the 15 year old is a momma's boy by dkleinsc · · Score: 1

    That's why you have to balance personal freedoms. Since state-sponsored genital mutilation is greater imposition on freedom than being raped (yes, it's traumatic, but if you had a choice between being raped and being mutilated you'd probably choose being raped), that's not reasonable.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  42. Re:Maybe the 15 year old is a momma's boy by SharpFang · · Score: 4, Insightful

    I feel a lot of scum being abusive and rude to women, threatening to rape them as well.

    I have two rottweilers. They are spoilt rotten sweet couch potatoes. If a thief broke into our house they would LICK him to death. They've been brought up with a lot of love and they don't have a clue what aggression is. But despite that they are OMG ROTTWEILERS TAKE THESE MURDERER DOGS AWAY FROM ME!

    Maybe we should tackle the actual problem, not the overgeneralization?

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  43. Re:Maybe the 15 year old is a momma's boy by zacronos · · Score: 3, Interesting
    I can't believe no one has effectively articulated the following yet...

    GP said:

    opposes freedom to own "vicious" dog breeds

    Note the quotes around "vicious"? That's because breeds are not inherently vicious, individuals are. Banning certain breeds is neither necessary to eliminate all dangerous dogs (because within any dog breed, there will be well-behaved, friendly dogs), nor is it sufficient (because within any dog breed, there will be mistreated, dangerous dogs). If you speak to a knowledgeable dog owner or breeder, they will tell you that upbringing and environment matters far more than genetics in determining whether a dog will be dangerous/vicious. If you ban certain breeds, you'll be needlessly banning many friendly dogs, and you won't be addressing dangerous dogs of other breeds. If you want to legislate your freedom against dangerous dogs, use a sensible definition of "dangerous", rather than an arbitrary one such as "dogs of the following breeds: ..." If a dog attacks someone without reasonable provocation (as determined by a criminal court), have the dog euthanized, fine the owner, even jail the owner if it can be shown that the owner was responsible due to deliberate actions or gross negligence. In severe cases where an owner is a repeat offender, maybe even prohibit that person from ever owning or being responsible for a dog again. But ban a breed just because the misinformed public believes they are more likely to be vicious? No.

    Just to pre-empt some of the expected rebuttals, yes certain dog breeds are responsible for a greater share of dog attacks than others, even after controlling for the number of such dogs in a given area. But banning those breeds won't solve the problem, or even alleviate it in a meaningful way for more than a year or two (time enough for people to acquire another puppy and then train/abuse it into becoming dangerous). Repeat after me: correlation is not causation. The reason those dogs are involved in more attacks is -- get this -- because people think they are more vicious! If you were the sort of person who wants to have a vicious guard dog (which you won't train properly, or might even abuse in order to encourage viciousness), you're going to want a dog that will be perceived by others as big, strong, and dangerous, because that makes a more effective guard dog. It doesn't matter if the dog has any tendency towards viciousness or not, if the dog is anything less than perfectly trusting of strangers, you can make the dog vicious. And then that breed will have more than its fair share of vicious dogs, not because the breed trends that way inherently, but because people who want a vicious dog trend towards buying those breeds! If you ban that breed, it won't stop them from getting a dog and making it dangerous, they'll just do it with a different breed with appropriate characteristics (physically strong, reasonably or highly intelligent, having a strong pack/family sense, and a tendency to be protective of their pack/family -- all positive characteristics in a properly-trained dog). Of course, if enough people pick the same breeds based on those characteristics, then those breeds will gain a reputation for being vicious and get added to the list of banned breeds, rinse, repeat.

  44. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    As long as we apply the same to perfume, deodorant and aftershave all of which can actually make me dry-heave it stuck next to the person on public transport or happen to take a breath while in proximity of them.

    We would also have to regulate how much alcohol can be consumed while in a social grouping - I can smell the vodka sweat of even a mildly drunk person within about 6ft.

    Or we could just learn to deal with the fact that people do things we don't like and to get the hell over ourselves?

  45. NOT anonymous! by Hurricane78 · · Score: 1

    If he would actually be anonymous, you would not be able to "unmask" (what in unprofessional term) him!

    That's the freakin' definition of the term!!

    He was perhaps "masked". But his real identity was still known to the site. Which means the commenter was pretty stupid in the first place.

    Also this explains, why they can know who his mom is, when he's supposed to be "anonymous". (Try finding the mom of the Anonymous Coward. :P)

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
    1. Re:NOT anonymous! by nedlohs · · Score: 2, Insightful

      Except that finding out the identity involved getting the IP that the post was made from logged by the web site, then getting the ISP to identify whom was assigned that IP at that time. Since they bothered with the ISP step it would seem his identity was not known by the site.

      Which likely could be done for an Anonymous Coward post on slashdot too.

      Oh and the mother isn't the mother of the "anonymous" poster but of the guy he pissed off on the forum.

    2. Re:NOT anonymous! by WAG24601G · · Score: 1

      Try finding the mom of the Anonymous Coward.

      Easy. She's upstairs.

      --
      Everything is easy when you don't understand the problem.
  46. Comments leading up to *the big one* by Anonymous Coward · · Score: 1, Interesting

    Daily Herald comments from 6 April:

    Hipcheck16 :: Mon Apr 06, 2009 4:57 PM
    Funny how the Herald can print a vague, pointless article about Johnson on the day before the election, but has chosen to ignore the VERY REAL transgressions of Lisa Stone, one of their endorsed candidates.

    Why did they not report on Stone's illegally placed campaign signs and the fact that she was told to remove them by B.G. police? Why have they not investigated the "anonymous" phone calls from Stone supporters alleging that Mike Terson and Joanne Johnson have been running anti-Semitic campaigns? This is especially spurrious since Terson is Jewish and Johnson has relatives that are Jewish, friends that are Jewish, and she is endorsed by several local politicians who are Jewish.

    I'm far more concerned about the Herald's lack of journalistic integrity than I am about Johnson's. They endorsed an unqualified candidate, and after watching Stone's abominable performance at the BG forum, they are desparately trying to divert our attention from their poor choice.

    Maybe if you spent more time fixing the numerous typos in your ragsheet, your article would have some merit. But how can we trust a paper that is consistently filled with all kinds of mistakes

    And another:

    Hipcheck16 :: Mon Apr 06, 2009 5:46 PM
    FYI- If you get an automated call from the Buffalo Grove Citizen's Coalition, you can thank Lisa Stone's campaign cronies. Nothing like hiding behind anonymous, defamatory calls to try to get yourself elected, huh Lisa? The fact that you are UNQUALIFIED is no longer enough, now you have resorted to the lowest form of negative campaign tactics. Congratulations- you have completed the trifecta- UNQUALIFIED, DECEITFUL and DESPERATE.

    You may get elected, but you have already been exposed as a fraud and you will fail miserably. Every time you open your mouth, you'll spew more ignorance that will become a running joke in the village. The board meetings will become the funniest program on television thanks to your ignorant blather. Your supporters will tune in each week to see which foot you'll put in your mouth. Don't forget to wear your Manolo Blahniks so ya look good. And do a few more hair flips- just like you did every 2 minutes at the forum, because that's so darn classy and appropriate for an elected official.

    The citizens of Buffalo Grove deserve better than you- lets hope they don't believe your lies and vote for ANY CANDIDATE but you.

  47. Re: Perhaps anonymity is over-rated by mdwh2 · · Score: 2, Insightful

    When I think of abuse that people give out in public - no, I don't.

    The Internet at least levels the playing field. In public, people can be intimidating, and that's backed up with the fear of violence, so that other people are scared to even respond.

    I also feel that public discourse would be far better off if you knew you may have to publicly acknowledge and back-up your statements.

    Right, you first: back up your statement that "one of the major problems with today's society is the near complete absence of common courtesy".

  48. Re:Maybe the 15 year old is a momma's boy by nosferatu1001 · · Score: 1

    I asume you realise your anti-pot stance can be rpelaced with "alchohol", a legal substance - those problems exist with any drug. It is an iirational argument

    Or how about make it illegal to drive while under the influence? Oh wait, driving while incapable already IS illegal

    Just because something is legal doesnt mean you cannot legislate usage, or have treatment programmes for people who abuse the substance. Why punish the majority who can use a substance safely for the sake of a minority?

  49. Re:Maybe the 15 year old is a momma's boy by blackest_k · · Score: 1

    There is probably no drug more damaging to society than alcohol and perhaps the biggest killer on the roads is a drunk behind the wheel.

    The type of person prepared to drive while stoned is pretty much the same as the type that will drive while drunk.

    One thing that is worth thinking about is the violence that occurs every friday and saturday night on the streets of our cities by drunks and the wives battered by drunken husbands and boyfriends.

    In contrast people who use too much cannabis fall asleep.

    The idea that people who use cannabis can not hold down a job and be successful is laughable, some people will choose to do nothing but get stoned all day but most people have other things to do.

    There already exists people who don't give a damn and get stoned all day regardless of cannabis 's legal status.
    legalization would perhaps increase the numbers who would use it in moderation and at appropriate times. The people who don't give a damn are already smoking.

    Perhaps the biggest losers if cannabis was legalized would be the drinks companies, health wise you may well see an improvement cannabis use doesn't involve taking in huge amounts of calories, its not called a beer gut for nothing.

    For me smoking is a bad idea so i'd be best to brew tea instead, and my blood sugars would be better controlled and my triglycerides lowered by avoiding alcohol.

    Cannabis is noted for its medicinal qualities and certainly reduces stress, its a nice way to unwind. Thats why they call it chilling out.

    The trouble with cannabis is its legal status no more and no less and its kind of surreal that you can be convicted for possession by a guy who legally might have drunk a bottle of whiskey the night before.

    As adults we are free to make choices about what we put inside our own bodies. I'm not going to stop you from putting a cheeseburger in your mouth no matter how damaging it is to your health or stop you drinking so why the fuss about people doing something which is relatively healthy. Smokes not good granted but in a legal situation i'm sure more people would choose to brew tea.

    I expect there are a lot of people that are drinking alcohol rather than using cannabis purely because alcohol use will not damage career prospects like a criminal conviction would.

  50. Re:Maybe the 15 year old is a momma's boy by xtracto · · Score: 1

    Haha,

    I used to have Rottweiler dog when I was younger. It was a real nice dog and very very sweet. However, everytime you got it out to jog, people would keep their distance from the dog. I guess they seem quite impressive.

    Until one day while we got it out for a walk, a woman saw it and very quickly approached and started to pet the dog. Our first reaction was of concern, but the lady told us that she was not worried because she had Rottweilers before and she knew they are very nice sweet dogs.

    To this day, I would *never* think of doing the same when I see a Rottweiler walking in the street... they do seem dangerous and badass hehe

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  51. Re:Maybe the 15 year old is a momma's boy by bdenton42 · · Score: 1

    What does "deserved" mean? Did the boy in question do something that merited a punishment or is he simply guilty for being different or not part of the in crowd in some way.

    This appears to just be a flame war gone bad. The alleged son was defending his mother, a candidate for local public office, in a newspaper comment section of an article related to her. Many of the alleged son's postings have been deleted as against the site TOS which leads me to believe that he was the bully in this case and Hipcheck16 just snapped back. It's not clear when or if Hipcheck16 knew it was supposedly her son.

    What I find hard to believe is that is that the person who made the comments has any balls at all considering they went all the way to court to protect their identity, rather than say it to a person's face.

    Well, we're talking about a local political race in the Chicago area. This is all about political retaliation. If the guy turns out to be a nobody, the mother gets free publicity for protecting her "son" (there is question if that was even him who was posting, or was her or one of her campaign staffers). If the guy turns out to be one of her political opponents she's going to run him out of town.

  52. Re:Maybe the 15 year old is a momma's boy by archangel9 · · Score: 2, Funny

    You're wrong about dangerous dog breads.

    I, for one, welcome our warm crusty buttery lawgiving canine overlords.

  53. Think of the Children by CrashNBrn · · Score: 4, Informative

    "I'm determined that there will be protection on the Internet," particularly for children, said Stone, who was elected in April.
    The man posted "deeply disturbing" comments to her son in the aftermath of a bruising election battle, Stone said,
    ...
    At one point, the teen asked to know the poster's identity and challenged him to debate the issues in person.

    Declining an invitation to pay a visit, Hipcheck16 posted a response that said, according to court documents, "Seems like you're very willing to invite a man you only know from the Internet over to your house -- have you done it before, or do they usually invite you to their house?"

    So the deeply disturbing comments appear to be a teasing double-entendre. That Hipcheck16 may get sued over as the boy has a recently elected parent whom will get kudos for Thinking of the children.

    My virgin ears (eyes?) I'm forever scarred.

    1. Re:Think of the Children by Anonymous Coward · · Score: 0

      It seems he touched on a raw nerve with that comment (posted anonymously so they can sue me too).

  54. Re:Maybe the 15 year old is a momma's boy by iamhigh · · Score: 1, Insightful

    You don't actually think with your brain do you? I personally don't have much of a problem with banning certain breeds, as it has become clear that many people can't train them correctly. However what you are talking about is purposefully making an animal aggressive... there are few dog owners that actually do that. And that can be done to any breed, or probably any animal. The bear analogy is stupid, and if you actually think about it you will realize that. You will also realize that making stupid arguments like you did will only degrade your position, not support it, as most people will see through your veil of logic. I'll make a deal with you, you quit saying stupid shit, and I won't start.

    --
    No comprende? Let me type that a little slower for you...
  55. Re:Maybe the 15 year old is a momma's boy by Jason+Levine · · Score: 1

    Walking up and petting a strange dog is just a bad idea. For all she knew, you were one of those irresponsible dog owners who trains their dogs to be fighting machines. Or perhaps the dog is just very protective of its family and will defend any perceived threat (like a lady coming too close). That's why my son knows the proper protocol for petting a dog. First, ask the owner (and us) if it is ok. If the answer is yes, ask where the dog likes to be petted. Next, put out your hand for the dog to sniff. Then slowly pet the dog in the spot indicated. Of course, if the owner isn't around and the dog is roaming free, they know that the answer automatically is "don't pet it and stay away!"

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  56. from the by lanes · · Score: 1

    buster-bluth dept.

  57. Re:Maybe the 15 year old is a momma's boy by arminw · · Score: 1

    ...Marijuana is the only one that is sure to cause greater societal suffering ...

    I suppose you want to bring prohibition back? Has it ever been demonstrated that marijuana leaves a person as incapable as the average alcohol drinker? Do you realize there are more people in prison because they were in possession of something they were not to have?

    --
    All theory is gray
  58. Re:Maybe the 15 year old is a momma's boy by dunkelfalke · · Score: 3, Insightful

    Cars, for instance, are numerous times more dangerous to me than any dog

    That is the reason why you need several special permits (driving license, vehicle inspection proof, insurance) to operate a car on a public road.

    --
    "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
  59. Re:Maybe the 15 year old is a momma's boy by sgbett · · Score: 1

    A fair point indeed. I would agree the problem is people, how do we solve this though? Isn't it better to try something, knowing full well its not the ideal solution, than do nothing?

    I'd rather be faced a savage trained killer cocker-spaniel than a pit-bull if push come to shove.

    --
    Invaders must die
  60. Re:Maybe the 15 year old is a momma's boy by arminw · · Score: 2, Informative

    ...Generally when dogs like that "cross the border from one persons property to the next"....

    they are simply shot dead. That is what many property owners do around here to stray dogs. Anybody that allows their darling pet to run around free, without supervision, doesn't really love that dog and deserves to have it shot. No law is needed nor is the Sheriff's time wasted.

    --
    All theory is gray
  61. Re:Maybe the 15 year old is a momma's boy by lupinstel · · Score: 3, Informative

    The crust of most dog breads are a bit too ruff for me; I prefer beagles and cream cheese.

    --
    Don't blame me, I voted for Cthulhu.
  62. Why won't they deny it? by ShieldW0lf · · Score: 1

    Just to be clear, no one is accusing Jed Stone of inviting Glenn Beck over to his house for a sexual liason, and no one is accusing Glenn Beck of inviting Jed Stone to his house for a sexual liason -- in fact, we think he didn't! But we can't help but wonder ... Why won't they deny these liasons?

    --
    -1 Uncomfortable Truth
    1. Re:Why won't they deny it? by somersault · · Score: 1

      This poster I think has exposed himself over and over again as a guy who has a deep-seated desire for underage same sex partners....I'm not saying he likes little boys, I'm saying he has a problem. This guy is, I believe, a gay pedophile.

      Sorry, that might have been going a bit far. But I can't help wonder.. why doesn't he deny it?

      --
      which is totally what she said
    2. Re:Why won't they deny it? by ShieldW0lf · · Score: 1

      Sorry, that might have been going a bit far. But I can't help wonder.. why doesn't he deny it?

      I deny the allegations.

      --
      -1 Uncomfortable Truth
    3. Re:Why won't they deny it? by somersault · · Score: 1

      I didn't mean yourself, only realised after that it could have been construed that way. I was of course referring to the parties involved in the story (I suppose it works for either, and is most funny when applied to the minor). My apologies.

      --
      which is totally what she said
    4. Re:Why won't they deny it? by MeatBag+PussRocket · · Score: 1

      thats why i leave the douchebaggery to the pros like Glenn Beck ;)

      --
      i wage a holy war against the apostrophe.
  63. TFA sucks by the+pickle · · Score: 4, Informative

    http://www.citmedialaw.org/blog/2009/hipcheck16-no-turk-182-anonymous-political-speech-sacred

    is much better -- it's written by actual legal scholars and discusses what the specific "deeply disturbing" comments were. Sometimes the hometown major newspaper isn't actually the best place to get articles, Slashdot.

    p

    1. Re:TFA sucks by odin84gk · · Score: 1

      Some great quotes:

      The "accusation" is clear -- that young Mr. Stone has sexual liaisons with older men after invitations are exchanged over the Internet. The accusation is presumably false, and would be defamatory -- in a vacuum. However, in the context of a flame war on a blog, it would be clear to any reader except the most bleeding-cerebrum imbecile that the statement was not lobbed as a statement of fact, but a mere insult. As such, this would be correctly described as "imaginative expression," which is not actionable as defamation. See Milkovich v. Lorain Journal Co., 497 U.S. 1, 20 (1990).

      Context is everything, and in the context of the online exchange, anyone who thinks that the statements to be false statements of fact that could support a defamation action is not qualified to hold the remote control to the television, let alone elected office or a judge's gavel. Saenz v. Playboy Enterprises, Inc., 653 F. Supp. 552 (N.D. Ill. 1987) ("A reader of criticism expects rhetorical hyperbole and vivid metaphor, so the use of lively language is understood as hyperbole and metaphor, not as fact"), aff'd by 841 F.2d 1309 (7th Cir. 1988).

      But then he fails:

      Hipcheck16's statements are stupid, unimaginative, and not worthy of anyone taking them seriously. Lisa Stone, on the other hand, is even worse. She is lashing out like a crazy-white-lady mom, and cares nothing for the damage that her actions could cause to political debate.

    2. Re:TFA sucks by Anonymous Coward · · Score: 0

      From the citmedialaw post: "The law is clear that defamation law is not there to protect anyone from ... mere vitriolic spewings of an anonymous coward."
      Blimey, which websites have they been reading?

    3. Re:TFA sucks by O('_')O_Bush · · Score: 1

      "Legal scholars" wrote:

      "Lisa Stone, on the other hand, is even worse. She is lashing out like a crazy-white-lady mom..."?

      Seems like the original article has more professionalism.

      --
      while(1) attack(People.Sandy);
    4. Re:TFA sucks by the+pickle · · Score: 1

      Perhaps, but it also lacks any substance beyond "this happened", most likely because it's a rehash (possibly even a direct syndication) of a wire story that was put out on the wire by a newspaper, not a legal expert. Actually, the Trib had a better story on its *own* site than the article that got published here.

      p

  64. Get it in context by Kupfernigk · · Score: 1
    The point about freedom of speech in the Constitution was that Americans wanted the right to criticise their government. They had had enough of repressive Anglo-German Governments. And they were right.

    The Founding Fathers never for one moment imagined that the Constitution would be used as a charter to allow bullying, or to allow corporations for force feed you with advertisements and unwanted phone calls. One reason the UK does not have a written constitution is that generations of legislators have worried about generic laws being overtaken by social change, or misused. They have always regarded it as essential that Parliament should be able to make laws as required to deal with new situations.

    In fact "freedom of speech" is limited by laws of libel and slander, by laws relating to official secrecy, by local laws relating to the treatment of minors, and by the power of media owners. I'm not saying the US is wrong and the UK is right; the UK has far too little protection of the individual, and both countries have legal systems intended to benefit the rich and disadvantage the poor. But simplistric referring to the US Constitution is to deny or ignore what actually happens in the real world.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:Get it in context by commodore64_love · · Score: 1

      >>>One reason the UK does not have a written constitution is that generations of legislators have worried about generic laws being overtaken by social change, or misused.

      Ya know..... We CAN change the Constitution. It ain't difficult, and was amended 10 times before the ink was even dry..... and another 16 times during its first two centuries. The local State Constitutions have also been amended, or entirely rewritten, numerous times as well. The idea that Constitution(s) can't be updated to reflect changing society is a falsehood.

      As for corporate abuses, I'm not even going to comment on that because it has ZERO relevance to this article about one citizen talking publicly. The basic law is clear - the right of free speech for that citizen shall not be revoked. I don't support the concept of slander/libel that limit speech, and just yesterday a judge agreed when he protected the citizen who owns glennbeckrapedagirlin1990.com - libelous but protected speech

      Even death threats are protected, per numerous U.S. Supreme Court Cases, unless you're brandishing a weapon at the time.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:Get it in context by paragon1 · · Score: 1

      The judge didn't agree it was libelous; there is a difference between defamation and satire.

      Even death threats are protected, per numerous U.S. Supreme Court Cases, unless you're brandishing a weapon at the time.

      Citations, please.

      In any case, I think it's time to quit waving your copy of 1984 and calm down. A case such as this is hardly a threat to "the rights of everyone". Some unwise fellow made a rude comment about a public figure, and might get called out for it. This is neither surprising, nor a big deal. I would be much more concerned if he'd actually had anything constructive to say about the political situation. Tossing insults doesn't constitute a useful contribution to the climate.

    3. Re:Get it in context by commodore64_love · · Score: 1

      >>>In any case, I think it's time to quit waving your copy of 1984 and calm down. A case such as this is hardly a threat to "the rights of everyone"
      >>>

      Strawman argument. Twice. I'm not waving a copy of 1984, nor did I say anything about threatening everybody's right. As for citations of SCOTUS, can't you use google? Here's what I turned-up:

      According to Virginia v. Black (2003),

              "a statement can't be a punishable threat unless it's made "with the intent of placing the victim in fear of bodily harm or death." Thus, following Black, a statement is a punishable threat only if a reasonable listener would understand it as a threat of attack and the speaker intended that the listener get that impression."

      Brandenburg v. Ohio also has relevance since it requires "imminent action". i.e. If I said I was going to kill you while holding a gun. And of course Watts v. United States: "Petitioner's remark during political debate at small public gathering that if inducted into Army (which he vowed would never occur) and made to carry a rifle "the first man I want to get in my sights is L. B. J.,"

      Watts was freed because his death threat against the president was considered protected free speech.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:Get it in context by chris+mazuc · · Score: 1

      Virgina v. Black was about burning a cross. Burning a cross in your front yard is not the same as someone saying "I'm going to kill you".

      Brandenburg v. Ohio was a ruling regarding general statements made against a class of people, not specific statements made against a specific person.

      In Watts v. United States it was determined that Watts' statement did not constitute an actual death threat against the president. From the decision: "[his comments were] held to be crude political hyperbole which, in light of its context and conditional nature, did not constitute a knowing and willful threat against the President within the coverage of 18 U.S.C. 871(a)." Watts was freed because he didn't threaten the president.

      Google does not make you a lawyer.

      Go ahead and threaten the president. See how long it takes for the Secret Service to show up at your door. They take even the most ludicrous threats seriously.

      In addition:

      Virginia Code Title 18.2-60 A. 1. Any person who knowingly communicates, in a writing, including an electronically transmitted communication producing a visual or electronic message, a threat to kill or do bodily injury to a person, regarding that person or any member of his family, and the threat places such person in reasonable apprehension of death or bodily injury to himself or his family member, is guilty of a Class 6 felony. However, any person who violates this subsection with the intent to commit an act of terrorism as defined in 18.2-46.4 is guilty of a Class 5 felony.

      All fifty states have statutes similar to this one, or classify death threats as "coercion" (also a criminal offense). All fifty of them are perfectly constitutional.

      --
      E pluribus unum
  65. Re: Perhaps anonymity is over-rated by DJRumpy · · Score: 1

    I think too many people abuse Anonymous. It's become the norm on the internet. It turns rational adults into little children. They know they can say anything with impunity. No risk of repercussion. It's made the internet an adolescent playground with no adult supervision.

    I think they should remove any expectation of Privacy/Anonymity, and only allow special exceptions (whistle blowers, media sources, etc, as a protected class of information).

  66. Re:Maybe the 15 year old is a momma's boy by CrashandDie · · Score: 1

    a large and dangerous dog as a child. I would never call for a ban on either of those

    You're absolutely right, dogs are way too cute for us to ban them. Children, on the other hand...

  67. Re:Maybe the 15 year old is a momma's boy by ckhorne · · Score: 1

    And it seems that she's not alone. This was the most disturbing comment that I saw on the original page:

    "“Freedom of speech” is most frequently used by racists and criminals to deceive others. It’s an outmoded concept and it needs to go. There is no reason in today’s civilized world why anyone should need to say anything that isn’t supported by the majority of the public and the body of science. We have passed the point where legitimate thinking is suppressed without understanding, so the only thinking that would be suppressed is broken criminal thinking that should be suppressed. The Constitution is no longer a model for a “more perfect union” - We have the More Perfect Union right here - right now - and the Constitution is now just a hindrance. People do not need the right to own murder weapons or spout racist nonsense. It needs to go."

    Unbelievable. I had to respond (post 15)...

  68. Re:Maybe the 15 year old is a momma's boy by Adaeniel · · Score: 1

    Anybody that allows their darling pet to run around free, without supervision, doesn't really love that dog and deserves to have it shot.

    Seriously? How can you be much of an ass? I'm sure there has never been an occasion where a dog has gotten lose with proper attention from an owner. Hell, I had a dog that was let loose by a pest control person servicing my house. I didn't know until I came home from work. Do you really think I would deserve to have my dog shot? No.

  69. Anonymity or just a lousy corporation? by bogidu · · Score: 1

    Although this post is causing quite a stir around issues of anonymity, how bout the main geek factor here? Doing business with the 800 pound gorilla of ISP's is simply another way of throwing away your rights. They cover their arses with AUP's & TOS's and really couldn't care less about their customers individual rights or the Constitutional protections of American citizens. Seems like it may be time to start utilizing guerrilla tactics in regards to all public posts made.

    --

    *this post made with stolen wifi and the computer used was destroyed afterward*

  70. Re:Maybe the 15 year old is a momma's boy by moeinvt · · Score: 1

    " . . . breeds are not inherently vicious, individuals are."

    You make several good points, but I disagree with the "absoluteness" implied in your statement. You're suggesting that all breeds/species of dogs are born with a behavioral "blank slate" and that their eventual temperament is ENTIRELY a product of environment. Would you argue that the dog's eventual height, wieght, color, strength, agility, etc. are ENTIRELY a product of exercise and nutrition? I agree that almost any breed of dog could be conditioned to be friendly and basically "harmless" or could be conditioned to be mean and vicious through abuse and neglect. However, dogs are born with a pre-disposed temperament. That's why the training regimen and handling routines are different for different breeds. Compare and contrast the temperament of a golden retriever and doberman pinscher. There are definite and easily observed pre-dispositions there. Either dog can be trained to co-exist happily with people, including children and strangers, but in general, a doberman is going to require more discipline and assertiveness from a human friend, especially in its younger years. Otherwise, the dog will all too easily assume the role of "pack leader".

    ". . . banning those breeds won't solve the problem, or even alleviate it in a meaningful way"

    I completely agree. The "bad" behavior of the dog is entirely the responsibility of the owner, and making certain breeds "illegal" because of a few people who don't know how to handle the animal, or who deliberately mis-handle the animal is ridiculous. If anything, we should prevent certain people from owning pets.

  71. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    Cars don't act on their own and the legal ability to drive is regulated. So good analogy dangerous things should have regulations where possible.

  72. Re:Maybe the 15 year old is a momma's boy by SharpFang · · Score: 1

    When it's one on one, the choices are pretty clear cut.

    It becomes more mulled when it's unbalanced: major freedoms of few for minor securities of many, or minor freedoms of many for major securities of few.

    The dog owners are a minority. The dogs are for them an important part of their lives. The people who are afraid of dangerous breeds are a majority. This is a mere anxiety for them, usually baseless too, only in rare cases reasonable.

    Now is it fair to take an important part of lives of few to satisfy minor anxieties of many?

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  73. Why doesn't Glen Beck deny this? by Anonymous Coward · · Score: 1, Funny

    I'm not saying that he is the anonymous poster, but I think the public would feel better if Glenn can please tell us that he did not do this.

  74. Re:Maybe the 15 year old is a momma's boy by zacronos · · Score: 1

    I agree, and maybe should have moderated my statements a bit more to make that clear. You'll note that I did mention that certain personality traits are characteristic of certain breeds, so clearly I agree that temperament is not ENTIRELY a product of their environment. What I intended to convey is that "viciousness" is something which will not occur naturally in a dog without environmental factors playing a significant role, except possibly in extremely rare cases (the equivalent of a human with genetic sociopathy, assuming such a thing exists). If the dog has not been trained well enough for the owner to control it properly, then it should be kept restrained more than most dogs might require (keep it in a large fenced yard instead of taking it to the dog park and letting it run around off the leash), but that doesn't make it a vicious dog, or even dangerous if managed properly.

  75. Re:Maybe the 15 year old is a momma's boy by Peter+Mork · · Score: 1

    Having been bitten by a dog that lunged through a screen door while I was approaching the front door of a house, I (and the law!) disagree. Even if the dog is on your property, you must remain in control of it at all times.

  76. Watch out Slashdot! by hrimhari · · Score: 1

    You're next! I'll get all you slimy coward names! MWAHAHA!

    By the way, have you noticed how everything seems to fall on a Cook County Circuit judge lately?

    --
    http://dilbert.com/2010-12-13
  77. Re:Maybe the 15 year old is a momma's boy by zacronos · · Score: 1

    Isn't it better to try something, knowing full well its not the ideal solution, than do nothing?

    I would agree with that statement sometimes, however it is necessary to look at the specifics. For example, without careful consideration, that line of reasoning will lead to implementation of solutions that seem intuitively helpful (if not ideal) on the surface, but which in reality would be not worth the cost (in dollars or freedom), or might even be outright useless or counter-productive. If you don't mind a few extreme examples to illustrate my point, the fact that people drive too fast in residential areas and thus sometimes kill small children is a problem -- should we ban cars in residential areas? Or what about mandate some sort of speed regulator paired with a built-in GPS device so prevent cars from going about 25mph when driving on residential roads? They are solutions, if not ideal, and so should we not implement one of them rather than do nothing?

    It all depends on what you reasonably expect you will accomplish (including foreseeable side effects), and whether the positives are worth the negatives. In the two examples I just gave, I think most people would agree that the negatives outweigh the positives. As someone who generally thinks bureaucracy and legislation have inherent negatives, by default I will reject the idea of banning anything unless I'm given reason to believe it will do some substantial good. Since we're not talking about a specific implementation of how to ban certain breeds, I can't effectively evaluate how much good I think it will do and how much harm -- but since the idea at its core is flawed, I will default to saying it will do more harm than good.

    I'd rather be faced a savage trained killer cocker-spaniel than a pit-bull if push come to shove.

    Sure, but do you think the people who have vicious bit-bulls now will trade them for cocker-spaniels if you ban pit-bulls? They will opt for some other medium-large, strong, intelligent, protective breed that just doesn't have the same reputation (yet), against which you would fare no better than the doberman. Or are you suggesting we ban all dogs above 30 lbs?

    I would agree the problem is people, how do we solve this though?

    Well, characterize the problem for me first (I'm not aware of a specific description of the problem that we're discussing at the moment, just the general idea that sometimes dogs attack people). We're not going to pre-emptively prevent all dog attacks, just like we're not going to pre-emptively prevent all car accidents or all violent crime. It's worth doing what we reasonably can, but realistically it's not a problem we can "solve", just something we should try to manage reasonably.

  78. Re:Maybe the 15 year old is a momma's boy by Alpha830RulZ · · Score: 1

    Except that you're advocating restricting the actions of others because of a theory about the possibility of future harm to you. You have every right to ask for restrictions on people attacking you with dogs. I'm not so sure that it's reasonable for you to restrict my owning a dog because some dog, somewhere else, was vicious and not controlled by it's owner. Under that theory, I could ask that you be enjoined from owning a computer, because someone, somewhere else, used a computer to steal money.

    --
    I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
  79. Re:Maybe the 15 year old is a momma's boy by Alpha830RulZ · · Score: 1

    Add to this the fact that the US government, the Australian government, and the German government have done studies on the effects of driving while stoned. All of these studies found relatively little incremental danger of accident due to pot smoking. The australian study found that if you're drunk, you are -less- likely to get into an accident if you also get stoned. The US NHTSA study, performed in 1992, was suppressed because it didn't find an incremental danger. It found that drivers under the influence of pot a) weren't that impaired, and b) effectively managed their impairment by slowing down as needed to navigate the course. These can be found at www.druglibrary.org.

    In the whole debate of driving and pot, we color the debate with our theory that since driving while under the influence of alcohol is extremely dangerous,m driving while under the influence of anything else must also be extremely dangerous. The evidence is that alcohol is relatively unique among commonly used recreational drugs in it's combination of damaging coordination and reduction of inhibition.

    --
    I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
  80. Re:Maybe the 15 year old is a momma's boy by Inda · · Score: 1

    Certain breeds are inbred physcopaths. They are mentally ill. They have been bred to be agressive over many generations. They have been bred to have less nerve endings in the skin. They have been bred to have bigger teeth, stronger jaws, and smaller ears (that can't be bitten off). They are designed to inflict damage.

    Some dogs are bred to be dangerous. Most dogs are great pets.

    --
    This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
  81. Re:Maybe the 15 year old is a momma's boy by Inda · · Score: 1

    Rottweilers have never been dangerous though. One or two had funny five minutes and bite a few people. The media blew it out of proportion and now people thing they are dangerous dogs.

    I must admit though, a neighbour has two of them and they can be intimidating.

    --
    This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
  82. Re:Maybe the 15 year old is a momma's boy by Alpha830RulZ · · Score: 1

    In my state, I can, and sometimes do, carry a gun, precisely to mitigate this type of risk. Of course, that is going to make someone else quail at the societal risk I now represent.

    --
    I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
  83. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    >I don't want you walking around with a dangerous tool of rape tucked in your trousers. You could rape me any time!

    I don't like the direction were this discussion is going. Especially when the nickname is SharpFang

  84. Re:Maybe the 15 year old is a momma's boy by Alpha830RulZ · · Score: 1

    As a long time dog owner, I'll add that variability within a breed is pretty significant. The book, Art of Raising a Puppy, by the Monks of New Skete, speaks in detail of how to assess the level of innate aggression in puppies. This variation in aggression can be assessed when the puppies are 8 weeks old.

    --
    I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
  85. Pesticides by s-whs · · Score: 0, Troll

    > Pesticides, too, can perhaps be used in a way that doesn't cause all of those
    > nasty chemicals to pollute someone else's property. Until it crosses the border
    > from one person's property to the next, it's OK in my book.

    Score 4 insightful? Give me a break!

    Where the hell do you think those chemicals end up? They get into the entire ecosystem and thus get into *everyone's* property. *That's* why there are limits on using pesticides and calls to reduce that even further.

    Oh yes, and to that anonymous coward:

    > from her website, she's generally anti-freedom
    >
    > opposes freedom to own "vicious" dog breeds
    > opposes freedom to use "dangerous pesticides" to kill mosquitoes
    > opposes freedom to use marijuana

    She probably also opposes the freedom to kill people? Ghastly!

  86. Re:Maybe the 15 year old is a momma's boy by nortcele · · Score: 1

    I have two rottweilers. They are spoilt rotten sweet couch potatoes. If a thief broke into our house they would LICK him to death. They've been brought up with a lot of love and they don't have a clue what aggression is. But despite that they are OMG ROTTWEILERS TAKE THESE MURDERER DOGS AWAY FROM ME!

    All animals have certain instincts that are triggered by a situation. I would not want to be the person that your dogs perceived to be attacking you. Agreed that rottweilers are great animals, but don't be surprised by their very strong instinct to defend.

  87. Re:Maybe the 15 year old is a momma's boy by alexo · · Score: 1

    from her website, she's generally anti-freedom

    So what are you doing to make her unelectable?

  88. Re:Maybe the 15 year old is a momma's boy by wronskyMan · · Score: 1

    I'm sure a lot of whites in the south were uneasy when blacks rode their buses/ate in their diners - was it fair to take away their rights since the "majority" was afraid? That is why we are a republic and not a democracy.

    --
    --- You shall know the truth, and the truth shall make you mad- Neal (not Cowboy) Boortz
  89. Because that can ONLY mean... by Anonymous Coward · · Score: 0

    Because the only reason to invite someone to your house, or to go to their house is sex.

  90. Re:Maybe the 15 year old is a momma's boy by PitaBred · · Score: 1

    I'd say that marijuana smells strongly... badly would mean that I don't like it ;)

  91. Re:Maybe the 15 year old is a momma's boy by gknoy · · Score: 1

    Problem: Dangerous animals roaming about which could attack you
    Solution: Personal protection. Large stick, pistol, etc.

    GREAT point, whoever mentioned that cars > dogs when it comes to danger. Dogs, however, do have the potential to chase you in ways that a car is unlikely to.

  92. Re:Maybe the 15 year old is a momma's boy by tmosley · · Score: 1

    Dog breeds can't be inherently dangerous, unless they are more than 1/4th wolf. Only individual dogs who have been raised improperly are dangerous. People have a right to property. If something goes wrong with their property and it harms you or a family member, then SUE THEM. Don't try to use government guns to deprive people of property just because you don't like it, or because you have an irrational fear of it.

  93. Re:Maybe the 15 year old is a momma's boy by arminw · · Score: 1

    ... Do you really think I would deserve to have my dog shot?....

    Maybe not in your city neighborhood, but here in the country, ranchers shoot dogs every day, because these unsupervised darling pets run around in packs at night and kill livestock. Thus, any unsupervised, loose dog is shot on sight. So yes, if you lived in the country, like I do, your dog would be dead meat. Mountain lions get the same treatment.

    --
    All theory is gray
  94. Re: Perhaps anonymity is over-rated by AndersOSU · · Score: 1

    legally, there never was any greater expectation of privacy on the internet, but you stick a box on a webform that says, "post anonymously" and everyone thinks it means something.

  95. Re:Maybe the 15 year old is a momma's boy by AndersOSU · · Score: 2, Insightful

    The problem with dog bans is that there's a correlation/causation problem when defining "vicious breeds."

  96. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    Er...in most places you need a license to own a pet, too.

  97. Re: Perhaps anonymity is over-rated by DJRumpy · · Score: 1

    If there was no expectation of privacy, the court wouldn't be ordering the release of this info, no?

  98. Re:Maybe the 15 year old is a momma's boy by misexistentialist · · Score: 1

    Dogs were bred from wolves, selected to be less dangerous and trainable. Some were modified for sport fighting, but this mostly involved improving their ability to withstand damage. It's true their mental capacities were diminished to make them better tools for psychopaths, but with very few people breeding fighters any more, the breeds have degenerated a good deal. Except for stupid/helpless animals like children and pets, dogs aren't dangerous to anyone unless they have been trained to be.

  99. Re:Maybe the 15 year old is a momma's boy by daem0n1x · · Score: 1

    There are several stray dogs around my town. It's an all year round phenomenon but it gets stronger in the summer months because stupid owners abandon their pets to go on vacation.

    So, because of these stupid and selfish people I have to put up with dogs causing traffic accidents, spreading disease, spreading garbage everywhere because they search food inside trash cans, etc. And shooting these motherfuckers is illegal so I can just call the city hall and wait for them to do nothing (which is what they do).

    Meanwhile, I have to put up with streets paved with dog shit because the owners go walk their dogs and don't pick up the shit afterwards. It's illegal behavior, but who's looking?

    Anyway, it's not the poor creatures' fault. Their owners should be shot instead, but that's illegal too (sigh).

    I heard about the government implanting a chip inside every dog and cat. That would solve the abandon problem right away: Any dog found on the street would be immediately returned to his owner accompanied with a huge fine. Any dog not implanted with a chip would be immediately executed and, if there's an apparent owner, the shit fined out of him. I've been waiting for this chip thing to be implemented for years, but it's taking long.

    As for the dog shit on the sidewalks, I can't see any definitive solution for it. It would require people to start behaving like they were civilised, and that's not an option.

  100. Re:Maybe the 15 year old is a momma's boy by zacronos · · Score: 1

    Certain breeds are inbred physcopaths. They are mentally ill.

    Like which ones? Rottwielers? I have only known 2 personally, and they were both incredibly sweet dogs. Sure, that's anecdotal evidence, but since you're making sweeping generalizations, I think it's better than nothing. If you want to convince me all Rottwielers are mentally ill phsycopaths, you're going to need some hard evidence.

    They have been bred to be agressive over many generations.

    I think you're wrong. They've been bred to have dominant personalities, and to be mistrustful of strangers as opposed to those they recognize as part of their pack. Neither of those things translates to "aggressive" in my book, much less "violent without provocation" which is what you seem to be suggesting.

    They have been bred to have less nerve endings in the skin. They have been bred to have bigger teeth, stronger jaws, and smaller ears (that can't be bitten off). They are designed to inflict damage.

    Irrelevant to a discussion of their personalities. You might as well say that because body builders have spent years of their lives training to be bigger and stronger, and thus are more dangerous should one choose to attack you, they are therefore more dangerous people. Should we say people shouldn't be allow to body build? Or what about train in martial arts? They work to lessen their pain response in their skin, train to have stronger, faster muscles, and harder bones. Does that imply they are more likely to attack you without reason? Often, the opposite is true -- trained martial artists will be more confident and in control of their abilities, and are thus less likely to use excessive force accidentally through error or panic. (The same is true of properly trained dogs, regardless of temperament.) If a person attacks another unreasonably, we punish them. We should do the same (conceptually) for dogs, punishing the owner responsible for the situation if a dog attacks a person unreasonably. If it appears the dog is too dangerous to be safely rehabilitated, euthanize the dog. Banning certain breeds is still an inadequate and ineffective way to address the root issue. It's like saying that banning hollow-tip bullets will prevent shootings, because they are designed to do damage. At very best, it will change the situation such that if someone gets shot, they will get hurt less. But you know what? They real problem is that someone shot someone else, not the kind of bullet involved. Reread my comment -- banning certain breeds due to their physical characteristics will not reduce the number of "vicious" dogs in the world in any significant way, just like banning hollow-point bullets won't reduce the number of wackos with loaded guns.

    Some dogs are bred to be dangerous.

    I disagree. Some dogs are bred to have physical advantages in a fight. That isn't what makes a dog dangerous, it is their behavior and the ability of their owner to keep them under control in stressful circumstances.

    Most dogs are great pets.

    ... when properly raised and trained, yes. When improperly raised, most dogs make bad pets; when abused, almost all dogs will be horrible pets unless someone puts time and energy into rehabilitating them.

  101. Re:Maybe the 15 year old is a momma's boy by roguetrick · · Score: 1

    Insecticide however very much is a question of public health.

    --
    -The world would be a better place if everyone had a hoverboard
  102. Re: Perhaps anonymity is over-rated by AndersOSU · · Score: 1

    there's no expectation of privacy in a convenience store either, but if the police want the surveillance video, the management can insist on a court order. (but they don't have to.)

  103. Older Brother Thinks It's A Sad Day... by buddahrock · · Score: 1

    From the October 5th 2009 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE: "Gary Stone (the lawyer husband of Trustee Linda Stone), 1924 Beverly Lane, shared a letter from his son, Jordan, a college student, stating that it is a sad day in politics when the method of engaging a challenging voice is to alienate it and drive it from the system it seeks to improve." This was a debate on adopting a recall method for elected officials in Buffalo Grove but could easily fit into the discussion here. Perhaps Jordan can have a chat with Mom and his younger brother Jed regarding the methods they're using to alienate and attack a challenging voice. I'm certain Linda Stone's desire to know the identity of HipCheck16 has very little to do with what was written to her son, and has an awful lot to do with HipCheck16's questioning of her qualifications and merits all throughout the election. If I lived in Buffalo Grove, I too would wonder what a PTO Mom and Reunion coordinator who didn't understand the Village budget could accomplish as a Trustee. And if that same person happened to spearhead a fear campaign against Pit Bulls and have a trial lawyer husband, I might post my comments anonymously just to avoid the fallout.

  104. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    Exactly. The hardest my pit would ever hit someone is when she goes crashing into them because they just came in the door with McDonald's and she wants her fries. If a thief broke in to MY house, they'd get annoyed with all the whining for treats and leave...

    Captcha: overdone

  105. Re:Maybe the 15 year old is a momma's boy by bennomatic · · Score: 1
    --
    The CB App. What's your 20?
  106. Re:Maybe the 15 year old is a momma's boy by H0p313ss · · Score: 1

    Never a mod point when you need one. *tips hat*

    --
    XML is a known as a key material required to create SMD: Software of Mass Destruction
  107. Re:Maybe the 15 year old is a momma's boy by jmcvetta · · Score: 1

    The type of person prepared to drive while stoned is pretty much the same as the type that will drive while drunk.

    Acutally, no. I know lots of people who have no problem with driving stoned, but who would never even consider driving drunk. The former is mildly risky; while the latter is terrifyingly dangerous. (Personally, I don't drive at all. Doesn't matter how drunk or stoned you are, when you ride the subway or a cab.)

  108. Re:Maybe the 15 year old is a momma's boy by jmcvetta · · Score: 1

    My workplace contains has signs posted stating: "[Company Name] is a fragrance-free workplace." They include a no-perfume graphic. It's pretty kickass.

  109. Re:Maybe the 15 year old is a momma's boy by Uberbah · · Score: 1

    Like which ones? Rottwielers?

    Caucasians.

  110. Re:Maybe the 15 year old is a momma's boy by jmcvetta · · Score: 1

    Sometimes the best way to argue with anti-freedom nimrods is to (pretend to) endorse the logical consequences of their philosophy.

  111. Re:Maybe the 15 year old is a momma's boy by Fulcrum+of+Evil · · Score: 1

    perhaps the biggest killer on the roads is a drunk behind the wheel.

    No, they only kill a few thousand per year - the actual number isn't tracked anywhere. What kills people on the road is driving like idiots and relying on your car to protect you.

    The type of person prepared to drive while stoned is pretty much the same as the type that will drive while drunk.

    Stoned people drive better, largely because they know they're fucked up and drive very carefully.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  112. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    You have a right to carry a firearm for self defense (unless you live in the DC area).

    Not even a vicious dog is immune to bullets.

  113. Re:Maybe the 15 year old is a momma's boy by Fulcrum+of+Evil · · Score: 1

    Blacks eating in a diner is hardly as hazardous as some white trash idiot and his 'attack dog'. This decade, the attack dog is a rottie, but it's been doberman, german shepherd, and a couple others in the past. Deal with the white trash idiot and his penchant for large, poorly trained dogs.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  114. Re:Maybe the 15 year old is a momma's boy by Fulcrum+of+Evil · · Score: 1

    I met a rottie pup last year - cute, sweet, and resembled a tube of meat with a tail on one end. My friend from back east knew a guy with a full grown rottweiler - biggest hazard there was that she'd jump in your lap (90 lb dog) and slobber on you. Physcopath, indeed.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  115. Re:Maybe the 15 year old is a momma's boy by Fulcrum+of+Evil · · Score: 1

    To quote the alleged post, "Seems like you're very willing to invite a man you only know from the Internet over to your house -- have you done it before, or do they usually invite you to their house?" - this is trash talk if ever I've seen it. What's next, suing over yo'mama jokes?

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  116. Specious argument by taniwha · · Score: 1

    that's a specious argument - "there are many more things in the world that are more dangerous than X" doesn't make X any less dangerous than it actually is

  117. Re:Maybe the 15 year old is a momma's boy by SharpFang · · Score: 1

    Rottweilers do have their share of problems.

    They wake up slowly. If they've been dreaming about getting threatened, they might bite whoever woke them up before reorienting in the situation.

    They are very patient but they snap rapidly. An abused rottweiler will withstand the abuse quietly for a long time, then finally snap and attack seemingly without warning and all overdue aggression, while other dog would growl and warn long before.

    They have a pretty sensitive psyche. It's easy to make a murderer dog out of one, and then getting it back to normal is nearly impossible.

    But that is just a basic knowledge every rottweiler owner should have. It's way easier to learn than what is needed for driver's license and way less dangerous than driving a car too. But there is some basic level of responsibility and knowledge required... and some lack it, which hurts all.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  118. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    I find your ideas intriguing and would like to subscribe to your news letter.

  119. Re:Maybe the 15 year old is a momma's boy by zacronos · · Score: 1

    Like which ones? Rottwielers?

    Caucasians.

    I think we need to define terms here. GP was talking about dogs bred for aggression to the point of bring mentally ill psychopaths. While I do see that the page you link says "They are loyal to their duty in protecting their flock and family and will stand by and defend through any circumstance. They are an extremely aggressive animal and need very experienced owners.", I think that is aggression in the sense that they will be proactive in defending their flock and family, even to the point of attacking a stranger if the dog feels the person is a threat. (As opposed to a less aggressive dog which might bark and growl without attacking, or on the extreme other end perhaps run away or greet the stranger hoping for affection.) Note that the same page says "vicious temperaments are considered serious faults for the breed." So I will acknowledge that there are breeds which are specifically bred for aggression, but I will stand by my opinion that there is no breed which is "mentally ill" or "vicious" as a whole, and especially that banning breeds of dogs is not a viable approach. If you ban dogs based on breed rather than individual training and/or behavior, you will still fail to address the real problem, which is that there are people who desire having dangerous dogs. Those people will find a way to make a golden retriever vicious if necessary, if you ban all the more aggressive breeds, and then you're back to square 1.

  120. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    You might become frightened though when those nimrods show genuine joy at the thought of those logical consequences. Let's not give them something to aspire to.

  121. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    Uh, wait just a second there buddy.

    Opposes vicious dog breeds. How many more children do you need mauled to death to make you realize pitbulls are dangerous? Yeah, I know with the right owner they can be lovable and fun, but let's face it: the majority of pit owners are trash. When you have an overwhelmingly large group of irresponsible owners with dangerous, ill-trained animals, innocent people will get hurt.

    Opposes marijuana. Sorry bro, but not everyone wants to frolic in your drug-addled fantasies about getting high non-stop every day. Drugs ruin lives, and if that wasn't the case we wouldn't have rehab clinics. The only difference between marijuana and any other drug is that it can't kill you, but that's not to say it can't ruin your life. How many people started with weed before moving on to more powerful drugs? It IS a gateway drug. It gives you a safe taste of what's out there and then you'll want the harder stuff that will get you higher and last longer. If you think that isn't true, talk to a recovering addict.

    I don't know about you, but as a father I'd like to keep dangerous dogs and illegal drugs away from my children. You should think about the well-being of other people than yourself.

  122. Re:Maybe the 15 year old is a momma's boy by CraftyJack · · Score: 1

    correlation is not causation

    Nope, but it's a safe bet.

  123. Re:Maybe the 15 year old is a momma's boy by zacronos · · Score: 1

    correlation is not causation

    Nope, but it's a safe bet.

    Seriously? A safe bet? Did you even read the rest of my comment? Wow. I... I can't even form a coherent response. Excellent troll, sir.

  124. Re:Maybe the 15 year old is a momma's boy by hmar · · Score: 1

    Anybody that allows their darling pet to run around free, without supervision, doesn't really love that dog and deserves to have it shot. No law is needed nor is the Sheriff's time wasted.

    And the animal, who didn't know any better, does he deserve to die over this? wow....

  125. Are you really surprised? by Anonymous Coward · · Score: 0

    US society is being changed into a ridiculous parody of itself in which offense=crime....while REAL crimes, like passing bills no senator/congressman has read, in an impromptu special session on a weekend, seizure of lands and goods by federal 'troops' on behalf of corporate interests and 30% interest rates, are netting the people who commit them federal protections and tax-dollar-bail-outs.

    Most of the 'officials' that make up your government truly believe that their political power should be used to do whatever they want to do at any given moment - because it's their moral imperative and responsibility to enforce 'the moral choice' on everyone, regardless whether 'everyone' shares their opinion on what is morally correct or not.

    Ridiculous...and offensive. And since offense now = crime, I want them all prosecuted post-haste.

  126. Call the waaaambulance, quick! by pyrr · · Score: 1

    Did you RTFA?

    To sum it up, the kid started talking trash to a perfect stranger, challenging him to a face-to-face (debate) confrontation. The stranger didn't escalate it by making threats, he simply twisted the kid's threatening bravado on its head and insinuating that he may be "soft", thus taking the wind out of his tough-guy sails. It also could be taken as a lesson in internet safety. If the kid was serious about this "I'll take you, face-to-face (in a debate or otherwise)" nonsense, that's really getting into dangerous territory.

    If that's all the farther it got, let's call the waaaambulance. The adult made no threats, the kid was making (by all accounts) what could be considered threatening comments. He couldn't take nearly as much as he dished-out, and he deserves whatever shame he got in his attempt to call-out someone.

    In case you all can't tell, I am NOT a fan of this double standard that minors should be able to take all the swings they want at adults with all the strength they can muster, and anytime an adult slaps back, it's suddenly some form of grievous assault.

    I also wonder if the forum on which all this transpired had rules against minors posting. Many do. It would definitely add an entertaining new element to the story if the idiot mother does sue, and it comes out her sonny boy lied on the profile. That would be all kinds of fraud and computer trespass as we all learned from the Lori Drew case, that kid could wind up in prison!

  127. Re: Perhaps anonymity is over-rated by JD770 · · Score: 1

    When I think of abuse that people give out in public - no, I don't.

    That line of yours gave me a chuckle when I read the following one!

    Right, you first: back up your statement that "one of the major problems with today's society is the near complete absence of common courtesy".

    You've "backed it up" for me with that first quote!

    However, when I prefaced my opinion with, "It appears to me," it proved more literal than I initially intended. Everywhere I go: roadways, airports, stores, restaurants, sporting events, etc -- I see a lack of common courtesy. You mentioned that you are aware of "abuse that people give out in public". When I look around, I not only see abuse, but rudeness, impatience, and a general lack of common courtesy as well.

    To be fair, there are those of us who still like to extend a complement, allow someone to merge, say "please" and "thank you", etc; but it does seem to be more and more "out of fashion", for lack of a better term.

    Given the progressive mantra of, "Intolerance must not be tolerated!", I feel we have become too tolerant of the abuse that you see in public, as well as the lack of common courtesy I see in public. So, perhaps in our determined efforts to be tolerant (for the sake of tolerance?), we have only ourselves to blame...

  128. Re:Maybe the 15 year old is a momma's boy by pyrr · · Score: 1

    Even today, we insist on depriving some people of certain civil rights because they make another tyrannical minority that has the ability to sway the majority "uncomfortable".

    Civil rights should --never-- be put up for a vote. The religious-sponsored bigotry against gay couples having the civil right and accompanying responsibilities of marriage needs to come to an end. Just as interracial marriages (which have also been illegal in the past) didn't harm anyone or society at large, IN NO WAY does recognizing legal gay marriage hurt a straight, religious couple. Maybe their religious sensibilities might be offended. Too fucking bad.

    I'm ashamed that in my country right now, we are continuing to put civil rights up to a vote in this manner, and voting said rights down at every opportunity.

  129. EFF Has Already Been Here by Wowlapalooza · · Score: 1
    IANAL, but it seems to me that Cindy Cohn of the EFF has already laid the groundwork for dismissal of this kind of action in Ilinois:

    ...an lllinois court will apply a three part test to determine whether or not Doe's statements reasonably implies the existence of a provably false fact. Hopewell v. Vitullo. 299 Ill.App.3d 513, 518-19 (1998). Cohn. Decl., Exh. W. First the court will "consider whether the language of the statement has a precise and readily understood meaning, while bearing in mind that the first amendment protects overly loose, figurative, rhetorical, or hyperbolic language, which negates the impression that the statement actually presents facts." Id. Second, the court will consider "whether the general tenor of the context in which the statement appears negated the impression that the statement has factual content." Id.Third, the court will consider "whether the statement is susceptible of being objectively verified as true or false." Id

    This is from a Motion to Quash submitted by EFF, against the CEO of an Illinois company who, as plaintiff in a libel suit, was trying to "unmask" one of their anonymous critics on a Yahoo! message board . EFF ultimately prevailed, and the John Doe remained anonymous. See http://www.eff.org/cases/e-van-cullens-v-john-doe

    • First test: "Seems like you're very willing" obviously conveys a subjective opinion
    • Second test: general tenor is confrontational, emotional, rather than a cool, impassionate relating of fact
    • Third test: Arguably fails, since the "facts" alleged are actually susceptible to objective verification (although "willingness" per se is perhaps somewhat more subjective).

    I believe, however (again, IANAL), that if any of the tests pass, then the underlying libel suit is "obviously without merit" and does not entitle the plaintiff to unmask the defendant.

  130. Re:Maybe the 15 year old is a momma's boy by CopaceticOpus · · Score: 1

    Wait a minute, why are you so concerned about being sent to guantanomo (sic) bay? I think it's time we questioned you.

  131. Here it is by Anonymous Coward · · Score: 0

    This is a joke...
    http://www.citmedialaw.org/blog/2009/hipcheck16-no-turk-182-anonymous-political-speech-sacred

  132. Re:Maybe the 15 year old is a momma's boy by arminw · · Score: 1

    ... the animal, who didn't know any better...

    Well if it comes down to some careless unloving owner letting their dogs run loose and kill a bunch of chickens or sheep, then the rancher is authorized to get rid of such problem dogs. They shoot cougars and foxes, as well as other predators of their livestock. So far at least, around here, people are still allowed to protect their property.

    There should be a steep fine, say $1000 or more for letting a dog run wild. Maybe then careless dog owners would keep a better control of their darling pets. Fewer dogs than would be executed by ranchers and they wouldn't be as many in the pound either.

    --
    All theory is gray
  133. Re:Maybe the 15 year old is a momma's boy by shentino · · Score: 1

    I see prohibition as a failed attempt at market regulation.

    If people want booze, they are going to get it by hook or by crook even if they have to get it at the black market

    Same thing with pot.

    If you make selling pot a crime, then only criminals will sell pot.

    As long as there is a demand, there will be a supply. May as well level the playing field and let the good guys take a piece of the pie...and pay taxes on it...and be subject to consumer recourse if things go sour...

  134. Re:Maybe the 15 year old is a momma's boy by shentino · · Score: 1

    The proper recourse in that case would be to have your dog properly licensed.

    Now, the fact that your pest control dude let it escape in the first place means that mr RoachBGone probably needs to chip in on your loss as well.

  135. Re:Maybe the 15 year old is a momma's boy by shentino · · Score: 1

    And exactly WHOSE payroll is the judge on?

  136. Re:Maybe the 15 year old is a momma's boy by Lunzo · · Score: 1

    No there isn't. I'm sure nurture (or lack thereof) has a bit to do with "vicious breeds", however no one owns a rottweiler or a pitbull because they're cute and good around children.

  137. We need a new section... by lennier · · Score: 1

    Your MOM Online.

    --
    You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  138. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    Agreed, except to say that for a few breeds of dogs it might be extremely difficult to make them vicious. Difficult enough that it would just not be possible by abuse and neglect, but would require actual training in viciousness.

    But that has little bearing on anything, since even people who have have too many vicious dogs would need to be banned from owning even those breeds, out of concern for animal welfare.

    I certainly would say that there is no extreme opposite case. Even the most naturally vicious of breeds can be rendered harmless without extreme measures, although there may be a few individual dogs that would be terribly difficult to tame.

  139. Re:Maybe the 15 year old is a momma's boy by SharpFang · · Score: 1

    The problem is defining -what- is your civil right and what is just a fancy.
    Is owning a dog a civil right?
    Is marriage a legal right? Noting that it's an entirely artificial legal construct which doesn't change anything physically.

    How wrong would it be to separate "marriage" being a simple declaration of pairing a couple from "mutual commonwealth" which would introduce all the economic/legal effects of current marriage without declaring the two people anything else than bound by an economic contract? In this case, "mutual commonwealth" would introduce entirely nondiscriminatory legal way to have gay couples share a bank account, visit one another in hospital, pay taxes together, without affecting the religious feelings of the straight; a separation of the country from the church. And then, gays who still want to be wed, could seek a religion that would allow that just fine, and be recognized to be wed in light of this religion, completely separately from material and legal commonwealth and completely separately from the christian concept of marriage.

    In this way, you'd give them a -civil- right to all the benefits of a marriage without the marriage itself, while cutting them off from -religious- concept of marriage which is neither subject nor interest of the law, other than freedom of faith with as discriminatory and as unfair concepts concerning abstract constructs of the faith as they only desire, except with no real discriminatory impact on the physical world and the actual laws.

    On top of that, as much as freedom to believe whatever you wish should be protected, "offending religious feelings" should be dealt with Canonical law of said religion, to the extent allowed by common law, that is they could declare you condemned to hell and exclude you from religious community, but couldn't sue you for money.

    In other words, I should be able to tell you you will go to hell because you are black, but I can't deny you work for that. And you can laugh at me saying hell doesn't exist, or go to my bishop to excommunicate me for not loving my black brother, but you can't sue me for damages resulting from discrimination.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  140. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    I grew up with a truly demented dachshund. He was a vicious, but hardly dangerous.

  141. Re:Maybe the 15 year old is a momma's boy by Anonymous Coward · · Score: 0

    I agree with you that banning dogs isn't the answer, but you have to admit that certain breeds are bred for aggressive traits.

    The dogs bred for dog fighting, for example, are entirely selected by their willingness to attack, strength, aggression, etc.. And while a puppy of one of those fighting dogs might be trained to be nice, and if properly leashed and supervised, would never harm another person, the chance is higher that he will attack.

    How much higher a chance? Too many factors to tell.

    Most of the early bans on pit bulls were in large cities that had dog fighting problems. Stupid owners would breed and train them for aggression, and then not properly fence them in. Dog gets out...bites a kid...media frenzy.

  142. Re:Maybe the 15 year old is a momma's boy by StikyPad · · Score: 1

    Heh, yeah.. especially if this account (also by Hipcheck16) is accurate:

    Hey Daily Herald - why don't you investigate whose campaign has been anonymously calling residents and stating that two of the other candidates are running anti-Semitic campaigns?

    Interestingly, the callers weren't smart enough to realize that one of the candidates they accuse of being anti-Semitic is actually JEWISH, and the other is not Jewish, but has a JEWISH brother-in-law, several close friends who are JEWISH and the endorsement of at least 5 local elected officials, including Sid Mathias and David Stolman, who are also JEWISH? Does that seem like someone who would be anti-Semitic?

    How low does a candidate have to sink to win this election? As if tearfully pandering for votes at Dominick's last Saturday and accusing other candidates and their children of stealing signs aren't enough, they now have to resort to the most vile and disgusting- and untrue- allegations that could ever be raised in a political campaign. Even if she gets elected, her true nature has now been revealed.

    People who live in glass houses should not throw Stones. Only desperate and unqualified candidates do that. But that's been an issue throughout this election, hasn't it?

    How puzzling that she's not seeking to unmask the anonymous callers.

  143. Re:Maybe the 15 year old is a momma's boy by StikyPad · · Score: 1

    Many urban areas also require a license to own a dog...

    On a side note, licensing systems are ostensibly well intentioned, but they have enormous potential for abuse and few (if any) safeguards against such abuse.

  144. Re:Maybe the 15 year old is a momma's boy by StikyPad · · Score: 1

    It doesn't really matter whether the cause is the owner or the dog itself. If there's a high correlation of attacks with a certain breed, then that's evidence of a public health/safety risk, regardless of the cause. It's the same reason you can't buy liquor 24/7; not because liquor is inherently more dangerous after midnight or 2AM, but because making it available during those hours results in an increase in crime, while halting sales results in a decrease.

    Personally, I don't agree with either of those actions (banning breeds or regulating the hours of liquor sales) even if they increase public safety, but your specific argument is flawed. There is no question that banning pitbulls will lead to fewer attacks by pitbulls as long as the law is enforceable and enforced. The only question is whether it's justifiable to punish the many for the acts of the few, and in the US, where safety is concerned, the answer is a resounding "yes." I could go on a rant about the ill-effects of the pursuit of safety, but I'll save that for the next article about the Patriot Act or DHS.

  145. Re:Maybe the 15 year old is a momma's boy by 2obvious4u · · Score: 1

    But once again that is on the owner, not the breed. Any breed can become dangerous. Outlawing a breed is just stupid.

  146. Re:Maybe the 15 year old is a momma's boy by StikyPad · · Score: 1

    I've owned six dogs, five breeds, and while that's not a huge sample, I'm not really convinced that there's any significant difference from breed to breed. More importantly, I've seen no scientific evidence to verify such claims of supposed breed behavior traits. In the animal world, size == power, so yes, larger dogs may be more likely to pick fight over flight, but beyond that I think the differences are mostly conditioning. In my opinion, it's people's expectations, and perhaps unconscious cues, that creates (or emphasizes) a specific behavior, the same way if I suggest that you'll see the number 12 a lot today, you'll be more likely to notice when you do.

    *Any* dog can potentially bite when awoken, hence the term "let sleeping dogs lie." *Any* dog can be taught to be ferocious, but Rotts & Pits are more muscular than most, and therefore more effective in their attacks, and more readily sought out by people who want their dogs to be weapons. Dogs that don't warn or growl are dogs that have been taught (conditioned) not to growl. "Sensitive" is a fairly ambiguous term. They're good (bad) at interpreting body language? They're easily offended? They're easily confused? A well-trained dog knows what is expected of it, what is unacceptable, and any perceived sensitivity is likely a lack of consistency in its training.

    For example, if a dog is sometimes permitted and sometimes rebuffed (or worse, beaten) when it jumps on the couch, then it will remain confused. He knows that *being* on the couch feels good, and it must be ok, because every time he lays there you pet him, or at least tacitly accept his presence. (Actually he only gets to lay there when you let him, but you have to look at it from the dog's perspective: Only good things happen once he's settled on the couch, so being on the couch must be okay. It doesn't help that being comfortable is its own reward). But he also knows that *getting* to the couch is dangerous, because sometimes he makes it, and sometimes bad things happen. It's much the same way you might be on your toes when you have to walk down a dark alley to get to a night club. The act of getting on the couch becomes the dark alley for the dog. He may or may not safely arrive, and he has to be ready to defend himself through fight or flight, but it's worth trying.

    Dogs can develop all sorts of nonsense connections because of our inconsistent behavior. If you're housebreaking a dog and you punish him after the fact, he could develop a negative association with the *room* you took him in to rub his nose in it, swat him, or whatever (which, ethical issues aside, is why punishment is such an ineffective and potentially dangerous training technique in enough instances that it should just be avoided altogether.) So any time he's in that room thereafter, he's on alert for any (perceived) threat.

    Say you (or someone else) yelled at your dog and then swatted him, and now he's learned to associate a yell and a raised hand with incoming pain. Next thing you know, your kids are running around screaming and waving their hands, and the dog flips out.

    It doesn't even take punishment though. Dogs can't necessarily distinguish between accidental harm and intentional harm, so if you hop out of bed one day and land on his tail, he may learn to fear you getting out of bed. The next day you wake up and jump out of bed, and the dog bites you to defend himself.

    It can be a long road to break a dog of its fears -- one that most people will never tread. Either the dog consistently chooses flight, and they ignore it, or he chooses to fight, and they give him up or put him down (no Rick Roll intended). Which is unfortunate, and probably the cause of many instances of dog "aggression" (self defense).

    All of that said, I'll concede that there can be hereditary issues like glandular differences that could predispose one breed to abnormal levels of a given hormone. But that's hardly the same as ambiguous, undisprovable statements I've seen, such as "labs LOVE to please people," or "Pits are mean," which I've found no more or less true than for any other breed.

  147. Why didn't the newspaper resist ? by Anonymous Coward · · Score: 0

    In my view the local newspaper is hardly resisting the plaintiff, they could have done a better job.

    If it was posted on a blog instead of newspaper website, plaintiffs would have to drag Google or WordPress to court. I guess that would be much harder than dragging the friendly small local newspaper to court.

    See blogger resisting search somewhere in Asia... it is still simmering there though.