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Judge Orders Man To Delete Revenge Blog

nonprofiteer writes "A Minnesota man violated a restraining order obtained by his ex-girlfriend by blogging about her mental health and sexual issues, and sending links to posts on the blog to her family, friends, and co-workers. The judge then extended the restraining order by 50 years, ordered the guy never to write about his ex on the Internet and ordered him to delete the blog he created. Even though there was no evidence that what he had written was false, the judge said the ex-girlfriend's 'right to be free from harassment' outweighed the guy's 'right to free speech.' 'I believe it's rare, if not unprecedented, for a court to order an entire blog deleted,' says technology law professor Eric Goldman."

111 of 590 comments (clear)

  1. Re:hipaa violation as well? by Anonymous Coward · · Score: 5, Informative

    no he is not a health organization.

  2. Well... by Oxford_Comma_Lover · · Score: 5, Insightful

    He violated a restraining order. The first amendment issue isn't novel just because he happens to be talking about her on a computer.

    --
    -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    1. Re:Well... by Lehk228 · · Score: 5, Insightful

      harassing someone who has a restraining order on you is a good way to get locked up, carefully toeing the line of what your restraining order will let you do is a good way to get a 500 page restraining order where you have to ask the permission of the court to fart.

      --
      Snowden and Manning are heroes.
    2. Re:Well... by Whiney+Mac+Fanboy · · Score: 5, Insightful

      restraining orders usually cover things like physical distance and direct communication. writing about her doesn't seem like a problem unless it was specified in the restraining order. he should be in the clear if he isn't slandering.

      From TFA:

      On December 22, Arlotta consented to entry of a six-month HRO that prohibited him from (1) committing any acts “intended to adversely affect [Johnson's] safety, security, or privacy, [emph mine]

      He started the blog the day after.

      it wouldn't shock me if this judge was some neo-feminist windbag. a lot of them are.

      It wouldn't shock me if you were a fucking idiot. A lot of anons are.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    3. Re:Well... by Dhalka226 · · Score: 3, Insightful

      For what it is worth, I agree with you. However I still don't agree with the premise that ordering the blog deleted does not overstep a boundary.

      If it was harassment, he should be arrested for harassment. If it was a violation of his restraining order, he should be violated and locked up. If he does it again, it should all happen again -- harsher and harsher.

      To me, the blog itself was not the harassment; he could have sat around on somedouchebaghateshisex.blogspot.com forever ranting into the wind and I doubt anybody would have cared. It was the way he essentially stalked her via sending his nonsense to her family and friends that crossed the line. That being the case, that is the behavior that should be punished and stopped. His right to be a dickhead and write his drivel should not.

    4. Re:Well... by Adrian+Lopez · · Score: 4, Informative

      Carefully toeing the line of what your restraining order will let you do is a good way to get a 500 page restraining order where you have to ask the permission of the court to fart.

      By "carefully toeing the line" I presume you mean "not actually violating the restraining order"?

      The man should be punished for harassing his ex-girlfriend. Depriving him of his First Amendment rights, however, should not be part of that punishment.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    5. Re:Well... by cheekyjohnson · · Score: 4, Interesting

      the Supreme Court has held that political speech is that speech which is most protected by the First Amendment.

      I guess my question for the supreme court is: where does the first amendment mention anything like that?

      The supreme court likely has interpreted it as you say, but I don't think their interpretations are valid (but they do have more power than me).

      --
      Filthy, filthy copyrapists!
    6. Re:Well... by snowgirl · · Score: 3, Insightful

      And precisely what were the options if he didn't consent? That's the crux, it might not be literally duress, but threatening sanctions if he didn't sign is hardly the same thing as signing an NDA to get a job.

      He could have contested the restraining order, and fought it in court. Possibly, he also consented to the restraining order in order to settle a criminal charge.

      Settlements hand out confidentiality clauses like they're candy, and this usually is detrimental to the individual receiving the settlement, yet no matter how horrible the confidentiality agreement sucks for the person later on in life, the clause is still enforceable.

      Shit sucks, he was informed of the consequences, and he consented. Now, he has to live with it. Life sucks, quite often in fact. However, in general it is not the duty of the court to let a person out of obligations that they gave informed consent to, just because they didn't realize how much the obligation would suck ass at the time.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    7. Re:Well... by brainboyz · · Score: 2

      Given all it takes is someone to claim "my former significant other scares me and is a threat to my well being" for a judge to issue one and they instantly restrict one's freedom of speech, freedom of travel, and the right to keep and bear arms until otherwise contested (which may be days) they are already a serious threat to freedom. In some locations all it takes is a verbal argument and for one participant to call the cops, regardless of who started it or the facts of the case; only claims made matter.

    8. Re:Well... by khallow · · Score: 5, Informative

      By "carefully toeing the line" I presume you mean "not actually violating the restraining order"?

      Looks to me like the guy just found new ways to harass her in the legal sense that didn't violate existing restraining orders. So the Ex took out a new restraining order that covered the new form of harassment.

      The man should be punished for harassing his ex-girlfriend. Depriving him of his First Amendment rights, however, should not be part of that punishment.

      Why not? The whole point of a restraining order is to prohibit harassing behavior without tossing the culprit in jail. I think it more noteworthy that the judge made the restraining order for 50 years. From googling around, I gather such orders generally aren't longer than a year before they're reviewed. In that light, this one seems unusually onerous.

      More googling indicates the ruling was appealed and mostly upheld though the length of the restraining order was cut from 51 years to 50 years, which is apparently the legal maximum for a restraining order in Minnesota. They seemed to think the terms of the original restraining order were otherwise legal and constitutional.

    9. Re:Well... by localman · · Score: 5, Informative

      By "carefully toeing the line" I presume you mean "not actually violating the restraining order"?

      In my limited experience judges don't find it clever if you violate the spirit of the law without violating the letter. If the restraining order specified no harassment, for example, and he was going to argue that forwarding upsetting posts to family members doesn't precisely meet the definition of harassment set forth on paper, the judge will most likely (and justly, in my opinion) hand him his ass.

    10. Re:Well... by tsa · · Score: 4, Insightful

      And rightly so. Freedom of speech does come with responsibilities. Many people seem to want to forget that these days and interpret 'freedom of speech' as 'freedom to insult, harass, annoy and otherwise bother people.'

      --

      -- Cheers!

    11. Re:Well... by a+whoabot · · Score: 2, Insightful

      And rightly so. Freedom of speech does come with responsibilities. Many people seem to want to forget that these days and interpret 'freedom of speech' as 'freedom to insult, harass, annoy and otherwise bother people.'

      So, as long as King George was insulted and harassed and annoyed and bothered that people publically called and tried to convince others that he was a tyrant, then he would have just grounds for having these people prevented from saying so? I personally would be much more careful in formulating exceptions to freedom of speech.

    12. Re:Well... by xaxa · · Score: 2

      The whole point of a restraining order is to prohibit harassing behavior without tossing the culprit in jail.

      I have no problem with an order that prohibits harassing behavior, but a blog post is not by itself a form of harassment. Given the First Amendment protects the content of people's speech, the restraining order against this man should only address his behavior.

      I'm sure something in your constitution protects the freedom to walk around, but you still put some criminals in jail. The whole point of a punishment is to take away some rights -- in this case, his right to communicate with certain people, about a certain person, or to travel near that person.

      Even rehabilitation takes away rights, assuming attending it is compulsory.

    13. Re:Well... by rohan972 · · Score: 2

      Sending it to her family clearly falls under harassment. Being allowed to write it, however, is a freedom of speech issue.

      Well he did harass her and now he's lost some of his free speech rights. It's not a total disaster, he is still allowed to criticize the government, including this judge.

      Most people agree that some actions can cause your 2nd amendment rights to be restricted, well apparently that applies to 1st amendment rights as well.

    14. Re:Well... by Anonymous Coward · · Score: 3, Interesting

      People are just having major trouble with the fact that almost nobody measures up to the publicly accepted moral standards. Pointing this out is generally called racism.

      E.g. how about this one : every religion, including Christianity, demands that their adherents support slavery to some measure (Christianity only demands that Christians do not take slaves, and rejects doing anything other than providing nonviolent assistance to prevent others from having slaves, that's what canon law states). Some religions have other names for forced labourers, like for example Hinduism's "dalits" or buddhism's many forms of forced labourers, like "vasala", who should be forced to work by the point of a sword. Some religions and value systems ask quite a bit more. Islam for example, demands muslims not only support slavery, but support the freedom of the owner to kill, rape, starve, and so on his slaves (a woman cannot own anything, the only right sharia gives a woman is to hold rights to property. Is that equivalent ? No, as a woman is not free to use property as she pleases like a man is. The position of a rich woman is akin to the position of an underage inheritor in western law). Why is killing/raping/... slaves allowed ? Because muhammad did that to his slaves, "on the orders of allah" (he did the most absurd things on orders of allah according to the hadith. He quite literally hammers in his tent poles on places pointed out by allah, who is totally invisible to everyone standing around. Allah even changes his mind about which shoes he should wear in one verse), pointing out the disgusting immorality of that is considered equivalent to calling islam disgusting and immoral (which of course it is, at least on this point).

      You cannot have a single moral standard, free speech and illusions. Amongst those illusions is the "all religions, and atheism uphold the same equivalent standard of morality" illusion that we currently find so very popular.

    15. Re:Well... by Anonymous Coward · · Score: 2, Insightful

      "judges don't find it clever when [non-members of the bar] violate the spirit of the law without violating the letter."

      FTFY. It's a game that only members of the club are supposed to know how to play and they don't take kindly to suggestions that the law can be understood without their help.

    16. Re:Well... by khallow · · Score: 2

      So, as long as King George was insulted and harassed and annoyed and bothered that people publically called and tried to convince others that he was a tyrant, then he would have just grounds for having these people prevented from saying so?

      We don't have to guess.

      After Bute's fall, [John] Wilkes decided to let The North Briton lapse, and for a time no issues appeared. But polite silence was not for him. On April 13 he wondered in the press, "The SCOTTISH minister has indeed retired. Is HIS influence at an end?" When he saw a draft of the king's speech to Parliament, he wrote his most vicious essay yet. The North Briton No. 45 appeared April 23, 1763. To modern eyes, it doesn't appear especially incendiaryâ"no more rough-and-tumble than most political pamphlets of the day. But Wilkes had crossed a line. It was a strict rule that the king was above reproach, and that only his ministers could be criticized. In No. 45 Wilkes began by playing this game, insisting, "The King's Speech has always been considered . . . as the Speech of the Minister." But with passages like this, Wilkes left little doubt that the king himself was the target:

      [...]

      George III was furious, and ordered the arrest of the author of No. 45. The attorney general and the solicitor general were asked whether the paper warranted prosecution. April 27 they announced their opinionâ"it was seditious libel, designed to turn public opinion against the kingâ"and drew up a warrant for his arrest.

      The king had a fair case (being likened to a prostitute, for example) and stronger laws than the restraining order example of the article. What's interesting is that Wilkes was able to turn this into victory through shrewd propaganda and legal maneuvering even to the point of serving a nominal prison sentence and getting reelected to Parliament when the vote (in his favor) was rejected three times in a row by the Powers that Be.

      Bottom line is that even having a restraining order as some sort of catchall for suppressing free speech isn't enough to empower a tyranny.

    17. Re:Well... by betterunixthanunix · · Score: 2

      Freedom of speech does come with responsibilities. Many people seem to want to forget that these days and interpret 'freedom of speech' as 'freedom to insult, harass, annoy and otherwise bother people.'

      Freedom of speech does include the freedom to insult or annoy people, and certainly the freedom to bother them. Advertisers routinely annoy and bother people, yet their activities are covered by freedom of speech. I have been insulted many times in my life, both personally and by people who are insulting my ethnic group, but I cannot go to a judge and demand that those people be deprived of their rights.

      You might argue that harassment is a threat to a person, and people are entitled to defend themselves or be defended against threats to their health or safety. Yet even then, why does a person's speech need to be restrained, as opposed to simply forbidding them from coming to close to the target of their threats?

      --
      Palm trees and 8
  3. Re:Streisand Effect by Anonymous Coward · · Score: 5, Insightful

    He was sending links to the blog to her family and friends... do you really think ignoring it until it stopped was really the best solution?

  4. Re:hipaa violation as well? by Deep+Esophagus · · Score: 4, Insightful

    Only if he's a medical professional. HIPAA does not apply to the general public, only medical service providers.

    I'm really torn on this one... On the one hand, yeah, free speech. On the other hand... that borders on stalking, and possibly endangering her. On the other other hand, do we really need yet more government intervention to enforce niceness? Where do you draw the line at "you can be THIS much of a jerk, but any more and the law steps in"?

  5. Welcome to MN by DWMorse · · Score: 3, Informative

    Lived here all my life. There's no point in trying to warn anyone that a specific Minnesotan woman is crazy. Welcome to the norm for all Minnesotan women. ;)

    --
    There's a spot in User Info for World of Warcraft account names? Really?
    1. Re:Welcome to MN by DWMorse · · Score: 5, Funny

      And it makes our women AWESOME.

      --
      There's a spot in User Info for World of Warcraft account names? Really?
  6. Re:hipaa violation as well? by BZ · · Score: 4, Informative

    Usually that line is drawn at whatever the criteria are for getting a restraining order. What those are varies by jurisdiction, I bet.

  7. Re:Blame the victim by epyT-R · · Score: 2

    dont worry so much.. if a woman ever does this you can be sure her free speech will be protected. that's all that matters..

  8. I want to know who this man is. by Lord+Kano · · Score: 2, Interesting

    I'll get him to relay messages to me and I'll post them anonymously to a blog. They judge is going to have to order him to not speak to anyone about his ex to shut it down. Let's see how well that goes over with the ACLU.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    1. Re:I want to know who this man is. by Lord+Kano · · Score: 2, Insightful

      Why bring up the ACLU? Any American who values the Constitution would be concerned.

      Because they'll take the fight to court on their own dime.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    2. Re:I want to know who this man is. by snowgirl · · Score: 5, Informative

      Why bring up the ACLU? Any American who values the Constitution would be concerned.

      Except that the guy consented to the restriction not to adversely affect her privacy.

      He already willingly forfeited his right to free speech in this case, the court is simply enforcing his word. If this punishment were overturned, then it would be precedent to make NDAs unenforceable as well.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    3. Re:I want to know who this man is. by spintriae · · Score: 2

      And here I thought /. cared about a person's right to privacy. I guess it's completely evil and deplorable for Google and Facebook to invade your privacy, but perfectly legitimate for some asshole with a grudge to do it. In fact, we should encourage him and help him and undermine the law to do so.

      Stay classy, /.

    4. Re:I want to know who this man is. by RobinEggs · · Score: 4, Insightful

      I disapprove of what you say, but I will defend to the death your right to say it.

      - Evelyn Beatrice Hall

      I disapprove of what you say, but I will conspire with you in ruining an innocent woman's life just to prove a point about free speech.

      - LK

      I think I like the original version better...

    5. Re:I want to know who this man is. by Chrisq · · Score: 2

      I disapprove of what you say, but I will conspire with you in ruining an innocent woman's life just to prove a point about free speech.

      You'd make a great lawyer.

  9. Re:hipaa violation as well? by phantomfive · · Score: 5, Interesting

    Where do you draw the line at "you can be THIS much of a jerk, but any more and the law steps in"?

    If you were to measure the damage in dollar amounts, you can take someone to court for very small amounts, less than $100.

    In my book, he crossed the line with his demonstrated intent to hurt her. He isn't trying to protect the general public by sharing this knowledge, and he isn't even trying to entertain people. His pure goal is to hurt her however he can (ironically he might have a sub-goal of getting her back). I see no problem if we as a society protect people like that with restraining orders and such.

    --
    "First they came for the slanderers and i said nothing."
  10. I call bullshit by Charliemopps · · Score: 2, Insightful

    There are some major assholes out there... and it would be great if they couldn't talk. But this is total bullshit. You should be able to rant and rave about your ex-wife/girlfriend on the internet or where-ever else you want. Her family could easily have blocked his emails. They didn't have to visit the site. They could have even complained to his ISP and the ISP could have terminated his account... something I've actually seen happen (I've worked for many ISPs over the years)

    The government baring you from mentioning a person for 50 years? That's just a tad too distopian for my tastes... even if the guy deserved it.

    1. Re:I call bullshit by wonderboss · · Score: 4, Informative

      I call bullshit on your bullshit.
      "A Minnesota man violated a restraining order obtained by his ex-girlfriend ..."
      A restraining order can stop someone from approaching, harassing, intimidating,
      threatening, etc.

      He did something to deserve that restraining order. Then he violated it.

      People vent on their ex'es all the time. Show me someone that has
      a restraining order just for that, and I'll agree to call bullshit on it.

      --
      more cowbell
    2. Re:I call bullshit by ohnocitizen · · Score: 2

      Ok, so if your ex want to send your parents, siblings, cousins, aunt and uncles emails saying you can't get off unless there is a dog in the room watching, you'd be ok with that? Because your family could easily block her emails. They wouldn't have to visit the site where she describes your long sessions watching sex scenes on animal planet whilst gorging on pizza covered in peanut butter. They could even complain to her ISP to get her account canceled (ok this part is where it gets silly. You are for free speech to the point of allowing a man to abusively harass his ex-girlfriend, but support cutting off his internet access entirely? Hey at least he'd have a blog he can't access).

    3. Re:I call bullshit by Silver+Surfer+1 · · Score: 2

      To get a restraining order in most states you see a magistrate and fill out some paper work. The restraining order is issued de facto and is a civil order. A person does not have to do anything to "deserve" a restraing order. No proof of anything is required to get one. Just say you fear the other person and get a restraining order.
      Restraining orders are a wonderful tool to do an illegal eviction and steal the other persons possesions and keep any rent and security depost.

  11. Re:Blame the victim by moozey · · Score: 2, Insightful

    Sexuality is a touchy (and usually extremely private) subject and not one most people are comfortable talking about. Regardless of whether the man is publishing truths or not shouldn't matter, the woman has a right to her privacy and if the male in question wants to be so immature in the way he deals with his emotions then he deserves whatever reasonable punishment that gets thrown his way.

  12. I -do- think this order is un-constitutional. by GeneralEmergency · · Score: 3, Interesting

    Unpopular, despicable and even odious speech is protected constitutionally and this fellow is entitled to write whatever he cares to and publish it in whatever manner he sees fit, be it internet blog, book or clay tablets.

    Now where the Judge -does- has specific powers to help this woman out is in limiting this fellows -contact actions- that are specifically targeted at this woman and her friends, family and co-workers. He does not publish the blog -at- anyone. He publishes it for everyone. Emails, notes and letters sent to specific individuals is not publishing, it is direct communication which he can be ordered to cease without violating his fundamental constitutional right to free speech.

    .

    --
    "A microprocessor... is a terrible thing to waste." --
    GeneralEmergency
    1. Re:I -do- think this order is un-constitutional. by dbc · · Score: 5, Informative

      Well, you need to look into constitutional law a little more. First amendment rights vary according to the type of speech and the subject.

      Political speech gets very broad protection -- your political rants and screeds, no matter how odious, pretty much are protected. When you start advocating violence against a particular person or group, however, you have reached the boundary. You are not protected from the consequences of said speech, either.

      Commercial speech (ie: advertisements) get much less protection. Like the FTC might come down on you for truth in advertising issues. The FDA prohibits certain forms of advertising for prescription drugs.

      If you direct attacks at a particular person, who that person is has impact on your protection. Is the person a politician either in or running for office? Fire away, pretty much. Does the person live in the public eye? Famous actors have to put up with a lot of crap. Is the person just a normal Joe trying to get by? The court tolerates much less crap aimed at them.

      Libelous and slanderous speech is always subject to remedy.

      Anyway, the d-bag in question clearly wasn't making a political point, and the victim certainly wasn't a politician or movie star. This was a private person trying to have some privacy, and some d-bag being a d-bag in a very public way. It is a fact that the truth is always an absolute defense against libel, so maybe if what he said was true you can't shut him down for libel. But hurtful speech directed against a private person is not going to get very much first amendment protection. And I'm OK with that. That's a very different thing from a political rant.

    2. Re:I -do- think this order is un-constitutional. by SecurityGuy · · Score: 3, Insightful

      I'm really not that bothered. I've long been on the "free speech, period!" bandwagon, but realistically all our rights have limits, and those limits generally start about where someone else's rights begin. You have religious freedom, so long as your religion doesn't involve deflowering underage girls, for example. We put you in jail for that. This guy isn't saying anything of value. He's just being a dick. At some point his right to be a dick has to give way to her right not to be harassed for the rest of her life.

    3. Re:I -do- think this order is un-constitutional. by cheekyjohnson · · Score: 4, Insightful

      Well, you need to look into constitutional law a little more. First amendment rights vary according to the type of speech and the subject.

      Well, if you want me to read the first amendment, then I'm not finding anything about that.

      If you want me to look at the invisible exceptions that judges have 'interpreted' into the constitution, then I guess you're right.

      --
      Filthy, filthy copyrapists!
    4. Re:I -do- think this order is un-constitutional. by dbc · · Score: 4, Informative

      Well, you need to look into constitutional law a little more. First amendment rights vary according to the type of speech and the subject.

      Well, if you want me to read the first amendment, then I'm not finding anything about that.

      If you want me to look at the invisible exceptions that judges have 'interpreted' into the constitution, then I guess you're right.

      Certainly, I never said otherwise.

      But you didn't say: "Well, my reading of the constitution is...", you said: "... is constitutionally protected.." -- well, not to coin a phrase or anything, but that depends on what the meaning of "is" is. If "is" means "because GeneralEmergency say so", well, you are right. But if "is" means "the law of the land in a practical sense as implemented in every federal district court circuit" then I think I'm closer to the mark.

      In addition to reading the constitution, did you read the Federalist Papers, and the so-call Anti-Federalist Papers? And study the history of the time? Not that I have, but they are among my goals for 2012. The founders were political activists. They were concerned about the suppression of political speech. The constitution leaves much unsaid. The law in the early United States drew from English law, so it seems to me it would have been understood that protections against libel and slander that come from English common law were precedent. Early decisions about how to implement the first amendment would have been made against the background of inherited English common law. Where the constitution seems vague by today's standards, I think we need to look at the common thought of the time -- a certain amount of things left out probably would fall in the category of: "Well, duh! That's obvious."(*) to Jefferson and Madison.

      (*) Citation needed. It's not clear either Jefferson or Madison ever said "duh".

    5. Re:I -do- think this order is un-constitutional. by Kjella · · Score: 2

      Well, if you want me to read the first amendment, then I'm not finding anything about that. If you want me to look at the invisible exceptions that judges have 'interpreted' into the constitution, then I guess you're right.

      I think this Supreme Court quote from Robertson v. Baldwin (1897) pretty much sums it up:

      The law is perfectly well settled that the first ten amendments to the Constitution, commonly known as the "Bill of Rights," were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors, and which had, from time immemorial, been subject to certain well recognized exceptions arising from the necessities of the case. In incorporating these principles into the fundamental law, there was no intention of disregarding the exceptions, which continued to be recognized as if they had been formally expressed. Thus, the freedom of speech and of the press (Art. I) does not permit the publication of libels (...)

      From your post it sounds like we first discovered this "unconstitutionality" now or that it's been retcon'd in by judges later. Reality is that these exceptions have been implicitly understood to be there since the beginning and have mostly gone unchallenged for centuries. Sure, if you want to go into an over-literal reading of the first amendment, then I will remind you that what you're writing now is not constitutionally protected since only speech is protected. That text or other forms of expression are protected is just something judges have 'interpreted' into the constitution, and we can have none of that.

      --
      Live today, because you never know what tomorrow brings
  13. Re:hipaa violation as well? by jesseck · · Score: 5, Funny

    I'm really torn on this one... On the one hand... On the other hand... On the other other hand...

    How many hands do you have?

  14. Remedy matches violation by DragonWriter · · Score: 2

    Well, according to law professor Eric Goldman, ordering someone to delete their blog IS rare and perhaps unprecedented.

    Probably because someone establishing a blog for the sole purposes of harassing someone they are already under a restraining order not to harrss, and then setting up sock-puppet accounts on social networking sites to relay the harassing blog posts to the family and friends of the victim isn't the kind of violation of a restraining order that has come up all that much in the past.

    (Then again, I could swear I've seen several news stories over the year on Slashdot of cases when harassing or threatening webages were ordered to be taken down by courts -- perhaps not in cases involving a pre-existing restraining order -- so the only thing here that would seem to be potentially unprecedented is that the webpage used for harassment happened to be a blog rather than some other style of page, or perhaps the particular context of the harassment which resulted in the order. This would seem to be lowering the bar on "unprecedented" quite a bit.)

  15. Like hell you do. by westlake · · Score: 5, Insightful

    I'll get him to relay messages to me and I'll post them anonymously to a blog.

    A word of advice:

    Don't step into someone else's shit until you know how deep it is.

    Conspiracy to violate a court order is not going to end well for you or for some nutcase revenge blogger ---- and maybe a stalker ---- who now has a new target in his sights.

  16. What he should have done... by MrEricSir · · Score: 4, Interesting

    What he should have done was turn it into a religious issue.

    Let's say I stand outside a gay person's house (could be any minority group, gay is an example) with a sign that says I hate them and I'm going to burn them. I'd be arrested for threatening that person.

    Now if I stand outside that same person's house with a sign that says God hates them and God will burn them in Hell, that's perfectly fine for some reason.

    --
    There's no -1 for "I don't get it."
    1. Re:What he should have done... by LordLucless · · Score: 4, Insightful

      Now if I stand outside that same person's house with a sign that says God hates them and God will burn them in Hell, that's perfectly fine for some reason.

      Well, yes - you're no longer threatening them. You're stating that you believe a third party is threatening them. You likewise wouldn't be arrested if you held up signs saying "Joe Blogs down the road hates gays and is going to burn them" - except, probably, to stop you libeling Joe Blogs. Sadly, I don't think God sues for libel.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    2. Re:What he should have done... by LordLucless · · Score: 2

      and I'm with God - I hate them too, I would like to see them burn in hell

      Even so, there's no threat in there. Not unless it becomes "I hate them too, and if God doesn't do the burning, I'll take it into my own hands.

      Religious beliefs should never be a free ticket to cause harm, suffering or misery.

      Luckily, they're not. If the sign read "I hate gays", with no mention of religion, you'd be home free too. Religion's a red herring - if you threaten someone's life, whether there's religious overtones or not, then that's a crime. If you express your dislike, religious overtones or not, then it ain't.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  17. Re:hipaa violation as well? by Anonymous Coward · · Score: 2, Insightful

    they should let him hassle her so the other "ladies" can see it and learn how to pick better men. it would be for the greater good.

    "oh I just love bad boys." "wait, he's also bad to ME?! like, I am like so totally shocked!"

  18. Re:hipaa violation as well? by tragedy · · Score: 5, Interesting

    You have to question whether the intent was necessarily just to hurt her though. It could have also been, from his perspective, a way to defend himself from what he saw as slander from her. Clearly the judge didn't think so, but judges aren't infallible.

    The ultimate problem with restraining orders is that they're not some sort of magical force field. Often in order to get a restraining order, one party has to claim to be afraid of physical harm from the other. The thing is, someone truly dangerous isn't going to be stopped for a second by a restraining order. They may, however, help keep marginal situations from escalating by keeping people apart. Simply preventing people's feelings from being hurt is another matter, however. Harassment is one thing, but where does normal relationship bitterness end and harassment begin? It seems like the ex-boyfriend in this case went a little too far, but it seems like the judge went a lot too far.

    And to add my own personal experience with restraining orders; once, years and years back, I went with my then girlfriend while she was babysitting a friend's children. It turned out that her friend and her husband were having relationship difficulty and she had a restraining order against him forbidding him from being within some particular distance of her. So, naturally, her big plans for the evening were to go to where she knew he would be and force him to leave and then follow him around the whole night. And that really does seem to be how restraining orders are usually used: just one more weapon in the troubled relationship arsenal. The people getting the restraining orders are quite often aggressors rather than victims, or at least are aggressors as well as victims.

  19. Unprecedented? Probably. Unreasonable? No. by skine · · Score: 2

    I'll grant that it may be an unprecedented move to delete the entire blog. However, it appears that the ONLY use for it was to get revenge on his ex.

    If it contained a reasonable number of posts unrelated to his ex, the judge may have simply ordered that the violating posts be deleted.

    But since all of the posts were violations, it seems reasonable for him to delete the entire thing.

  20. Re:hipaa violation as well? by phantomfive · · Score: 4, Interesting

    You have to question whether the intent was necessarily just to hurt her though. It could have also been, from his perspective, a way to defend himself from what he saw as slander from her.

    Figuring out intent may be the #1 difficulty with our legal system today. A lot of laws rely on intent as a distinguishing factor in how serious a crime is (it's the difference between first degree murder and man-slaughter). The difficulty is, of course, that it's impossible to do accurately.

    --
    "First they came for the slanderers and i said nothing."
  21. Re:hipaa violation as well? by phantomfive · · Score: 2

    So, naturally, her big plans for the evening were to go to where she knew he would be and force him to leave and then follow him around the whole night.

    What a great friend. :/

    --
    "First they came for the slanderers and i said nothing."
  22. Re:hipaa violation as well? by jagapen · · Score: 5, Interesting

    That's not how our legal system works, though. With limited exceptions*, juries are the finders of fact and judges are the finders of law. In this case, the question of whether the man committed the tort of intentional infliction of emotional harm is a question of fact and thus would go to the jury. If they said yes, then the remedy for the damage caused be the tort is a question of law and thus is a matter for the judge. (In this case, the remedy is enjoining him to delete the blog and to refrain from further writing about the particular topics relating to his ex.) It is entirely appropriate, in our court system, for the judge to make such orders.

    Personally, I have no problem with this order. A ruling by a court is a very, very different thing than an act of an executive or legislative body. Rulings by courts of original jurisdiction generally have little precedential power (i.e. they don't bind other courts; one ruling does not stare decisis make) and they are much easier to fight and undo than a statute or executive order. Also, it is entirely consistent with centuries-old doctrines regarding harassment and innumerable previous rulings which have not destroyed free speech. Adding "...on the Internet" does not make it a new and troubling concept.

    * Trivia: Wisconsin's constitution makes juries the finders of fact and law in libel cases.

  23. Re:hipaa violation as well? by rthille · · Score: 4, Funny

    He's obviously a Motie!

    --
    Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
  24. Archive ? by Jeremy+Kister · · Score: 2

    http://helpherandchild.blogspot.com/ seems to be the blog in question. doesnt seem archive.org has it.

    --

    Jeremy Kister
    http://jeremy.kister.net./

  25. Re:hipaa violation as well? by techhead79 · · Score: 4, Insightful

    And that really does seem to be how restraining orders are usually used: just one more weapon in the troubled relationship arsenal.

    Exactly! Don't want your husband around the child you both had? All you have to do is convince a judge to give you a restraining order. Pretend to be horribly in fear of your life regardless of what the man did or did not do. Restraining orders are used all the time as a tool to win. Grind your X into nothing. I've seen it done all the time.

    I personally think he should be allowed to say whatever he wants online. However he crossed the line when he contacted her family or anyone she knows. What's next? How much more control can we give someone over other people?

  26. Re:hipaa violation as well? by Jane+Q.+Public · · Score: 3, Insightful

    I think the judge was out of line.

    I think a blogger should be treated like any other kind of speech or printing press. If the guy published a newspaper, a judge might order him to stop writing nasty editorials about his ex, but he wouldn't (likely couldn't) order the newspaper to shut down.

    Honestly, these recent court cases involving things like speech have been disturbing. Courts have been setting some very bad precedent in recent years, and I think we'd better watch our asses. I mean things like on the one hand, curtailing the speech of this blogger (although I think we can agree that harassing speech can be curtailed, his whole blog did not need to be shut down). And on the other hand, saying that corporations are "people" and can spend whatever campaign money they want, as a matter of free "speech".

    Does anyone besides me see a pattern here?

  27. Re:hipaa violation as well? by blackicye · · Score: 3, Insightful

    I think the judge was out of line.
    I think a blogger should be treated like any other kind of speech or printing press. If the guy published a newspaper, a judge might order him to stop writing nasty editorials about his ex, but he wouldn't (likely couldn't) order the newspaper to shut down.

    I see your point, but I liken this to starting your own newspaper for the sole purpose of telling the world how much of a psychotic bitch your ex was, and then trying to sell your paper to her friends, family and business colleagues.

    He is doing the rest of the Minnesota Male population a favour if he speaks the truth though :P

  28. Re:This is likely setting a precedent by AK+Marc · · Score: 2

    He lost his rights after due process. Much like you'll lose your right to travel if you use it almost exclusively to walk up to an ex and hit her. If you use your right to speech to endlessly harass someone, you'll be banned from harassing them, when you continue to do so after the first restraining order, it'll only get worse for you.

  29. Re:hipaa violation as well? by Maestro4k · · Score: 5, Insightful

    You have to question whether the intent was necessarily just to hurt her though. It could have also been, from his perspective, a way to defend himself from what he saw as slander from her. Clearly the judge didn't think so, but judges aren't infallible.

    If you really think that's in question, you should read the article more carefully. This guy didn't just create this blog, he then went on to: "Under pseudonyms, Arlotta then promoted the blog to Johnson's family, friends, contacts and employer as well as some unaffiliated parties, like the local media." It's rather abundantly clear he created the blog simply as a means to harass her. It was simply there so he had something to pseudonymously point friends/family/employers/coworkers/etc. to so he could humiliate and embarrass her. The fact he was doing this with pseudonyms is the real nail in the coffin, he obviously knew he'd get in serious trouble quickly if his used his real name to do so. He was quite willfully violating the restraining order against him. Frankly he sounds really, really obsessed, and potentially dangerous.

  30. Re:hipaa violation as well? by geminidomino · · Score: 3, Insightful

    It's just a coincidence that "somewhere" always seems to be when the poor, delicate female flower has gotten to do her damage.

  31. Lesser of two evils by Mathinker · · Score: 2

    When I look at the laws I am familiar with, which explicitly do not rely on intent, it seems to me that the problem you raise with using intent is the lesser of two evils. The two laws being: copyright infringement (you can pay less damages for "innocent infringement", but lack of intent is not a possible defense --- problematic in my eyes because only the rightsholder can know what licenses he has actually granted, nor, in many cases, is it even possible to identify the rightsholder), and possession of child pornography (which is really scary because (1) practically any digital file can indiscernibly contain child pornography which is concealed using steganography, (2) the definition of what is child pornography varies between various jurisdictions (so something perfectly legal in one country might suddenly get you arrested in another), (3) in many jurisdictions there is no clear criterion which defines what is child pornography, because some materials (usually textual in nature) may or may not be, ironically depending upon how the court rules about the intent of the creator and whether the material has artistic value or not, and (4) society is so polarized with respect to this issue that even being wrongly accused, no matter how wrongly, will totally turn your life upside-down).

  32. Re:hipaa violation as well? by erroneus · · Score: 2

    And what about his right to express how upset/angry/disturbed about her he is?

    In this respect there is a freedom of speech issue that is also important and can certainly translate into FoS issues for the rest of the nation if this precedent is continued to be set.

    "Intent to harm another?" Does it matter if it's the truth? And in his mind, how can you say his intent isn't trying to protect the public? I've had a psycho ex. I pity anyone who has any dealings with her. Granted, I only tell my story verbally, as examples of how this, that or the other could go wrong in life and I don't usually mention her name or anything like that and I don't go out of my way to contact any of her family ... that's just psycho behavior itself. But to restrain someone from telling his story? That's somehow wrong to me.

    I think the judge should stop at contacting her "indirectly" which is what he had been doing.

    Freedom of Speech is such an important right that limiting it should be extremely rare if ever done. People have the freedom of thought which should always be exercised. And when people are faced with someone else's speech, they need to be able to decide for themselves whether to get behind it or reject it, but not be able to suppress it. That's where things get slippery isn't it?

  33. Re:hipaa violation as well? by LocalH · · Score: 4, Insightful

    Misandry is not an acceptable substitute for misogyny.

    --
    FC Closer
  34. Re:thats how to lose custody by erroneus · · Score: 4, Insightful

    That is a NEARLY IMPOSSIBLE case to build and successfully present. Sure, it sounds reasonable and logical and that tactic often applies and works against male parents. But to get a judge to rule against a mother is ... I want to use the word asymptote here when it comes to expressing how probable that is you know? It's 3am here though and the brain wants sleep.

    In my life experience, I got the kids but only through fortunate circumstances and even then the judge was reluctant and I was denied child support! (not that it mattered financially, but it certainly sent a message morally and practically)

    I dig the idealism but there isn't often "justice" in family justice. Men are second-class-citizens when it comes to family law.

  35. Re:Streisand Effect by Anonymous Coward · · Score: 2, Insightful

    And those existing harassment laws are exactly what this article is about.

  36. Re:hipaa violation as well? by Rei · · Score: 4, Insightful

    Unfortunately, one can't control what they're attracted to. If you're attracted to guys who exude that sort of energy, aggression, sex drive, that "knowing what they want and going for it" attitude, etc, you can't just decide to not be attracted to it, any more than a guy who's attracted to women with big breasts can just decide not to be attracted to them.

    --
    If you can't connect the dots at this point, it's because the dots are too f***ing close together.
  37. Re:Yes... and no. by jklovanc · · Score: 5, Informative

    The guy signed an six-month HRO that prohibited him from (1) committing any acts “intended to adversely affect [Johnson's] safety, security, or privacy,” (2) having “any contact” with Johnson “in person, by work or home e-mail, by telephone, or by other means or persons,” and (3) visiting Johnson's Morgan Stanley “worksite.”

    I would say blogging personal information, publicizing it and directly contacting family friends and co-workers are acts intended to adversely affect Johnson's privacy. As punishment he is now being given a stronger/longer HRO. He lost his right to free speech when he signed the HRO.

  38. Re:hipaa violation as well? by ComaVN · · Score: 4, Insightful

    Perhaps not, but you can stop acting on the impulse.

    --
    Be wary of any facts that confirm your opinion.
  39. Re:hipaa violation as well? by Anachragnome · · Score: 5, Interesting

    "The people getting the restraining orders are quite often aggressors rather than victims, or at least are aggressors as well as victims."

    This, this, this.

    My wife and I once asked for a restraining order against a man and his son (granted, without difficulty). They were pissed when we did so and immediately claimed some bullshit and filed for their own. When I was notified, as a respondent, I didn't contest their claims thinking that two restraining orders would simply be redundant and serve the same purpose--keeping them the fuck away from us. WRONG.

    They asked for different restrictions that were used against me, such as requiring me to stay 5000' from their house, when we had only asked for 500'. The problem here is that we lived in the same neighborhood and my house was within 5000' of theirs. They called the cops on me the moment I came home from work and I had to go to court to contest the order they had.

    On top of this, a restraining order is only as good as the resolve of the Judge that signed it. Both of those two men later violated the order we had against them (literally chased my wife and daughters at knife point, only to be held off by a total stranger with a 12-guage. (Thank you, if you're reading this!)), witnessed by over a dozen police officers (fuck you, Alaska State Troopers), admitted their guilt in court to the very same judge that signed the violated order...and walked out of that courtroom before I did, free men.

    Needless to say, we left the state and I now own a gun.

    The worst aspect of restraining orders I can think of is the false sense of security they provide--no piece of paper will stop a nutcase once they got their panties in a bunch.

    (If you did nothing wrong, and someone files for a restraining order against you, ALWAYS contest it. It doesn't cost a penny to do so, but it might cost many if you don't.)

  40. Re:hipaa violation as well? by Chrisq · · Score: 4, Funny

    Unfortunately, one can't control what they're attracted to.

    I thank my lucky stars every day that there have been no recorded incidents of sheep starting "revenge websites".

  41. Re:hipaa violation as well? by Rei · · Score: 4, Insightful

    Stop dating people you're attracted to? Really, is that your suggestion?

    I think it's easier for a guy to say something like that because guys in general are more physical in their attraction than women, more based on looks. I.e., looks being equal, a shy girl in a bar has dramatically better odds of going home with someone than a shy guy in a bar. How a guy acts is hardly the only aspect of how attractive he comes across, but it is a major part of it. Here's an experiment for you: go to a club some time and only give a meek, timid "hey" to whoever you want to pick up, only respond with short, meek statements to what they say, avoiding direct eye contact, etc, and compare your results to going there and being assertive, self confident, and persistent. "Bad Boys" win because bad boys tend to exude behavioral traits that many if not most women are attracted to.

    One could say that this distinction -- far from universal, but definitely extant -- is a cultural phenomena. But there's certainly a reasonable genetic argument to be made for it as well, at least historically.

    --
    If you can't connect the dots at this point, it's because the dots are too f***ing close together.
  42. Re:hipaa violation as well? by Ihmhi · · Score: 2

    Ooh, finally someone understands me!

    If I'm not working (and subsequently have no money), I don't date. Aside from the fact that I wouldn't be able to cover expenses such as contraceptives, dates, etc., I am not in a position to raise a family. If you stick your eleventh finger into a woman without being prepared for the possibility of a kid coming out nine months later, I think you're kinda irresponsible.

    My friends don't get it. They can't understand how I'm not running around like an idiot going after women. As much as I'd like to date right now, it's just not practical and so I don't. How hard is this to understand?

  43. Why should hurting someone be illegal? by Dr.+Spork · · Score: 3, Interesting

    I'm serious here. I don't think it's the state's business to protect the feelings of people. The state should protect their rights, and there is no such thing as a right to not have your feelings hurt. Just think of how horribly you can fuck someone up, and scar them for life, by telling them that never loved them and that you are disgusted by their various inadequacies. You can do all this for transparently vicious reasons, and doing it might well be deeply immoral, but never in a million years would I want that sort of immorality to be illegal. Can you imagine if we had to police people's feelings? What I'm saying is that in every state that I would ever want to live in, there is such a thing as the right to be a jerk - even a very cruel jerk. Of course the state must guarantee certain rights, like the right to bodily integrity, property, and some extent of protection from harassment and wrongful slander. These, however, leave lots of room for hurt feelings - and that's as it should be.

    1. Re:Why should hurting someone be illegal? by delinear · · Score: 2

      If you can't see the potential for physical consequences of mentally harassing someone who has mental health issues then I'm afraid you're not looking hard enough.

  44. Re:hipaa violation as well? by gmack · · Score: 5, Insightful

    Our ability to not act on our impulses is what separates the human race from the animals. Your comparison is bad because in bars/clubs there are no other way to judge people but on looks and is a competitive environment to begin with and that makes it a poor place to look for a potential date although I can see your real problem seems to be the implied "if I don't take what I can get I will get nothing".

    Years ago I broke up with a girlfriend after dealing with her constant lies, bad temper and generally manipulative behavior and I had to stop and think about my life since she wasn't the first girl I dated who behaved like that. I realized my problem was standards so since then I have applied a "am I better off with this girl than I am when single" filter to relationships and it makes made me notice a few things: worst case "lonely" is better than "pissed off" and that better girls had a bit of a learning curve but were worth the effort.

  45. Epic by gd2shoe · · Score: 4, Insightful

    If you [...] without being prepared for the possibility of a kid coming out nine months later, I think you're kinda irresponsible.

    What? The most important decision in the lives of those to whom you owe your most fundamental moral duty?

    I really hope that's dry wit. It's not "kinda irresponsible". It's epic irresponsible.

    (And for those who would argue the point: epics have been written with that as a fundamental plot element.)

    --
    I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
  46. Re:hipaa violation as well? by The+Creator · · Score: 5, Funny

    The only time a woman isn't going after a fucktard on impulse is when she is doing it a warp speed!

    --

    FRA: STFU GTFO
  47. Re:hipaa violation as well? by reub2000 · · Score: 2

    Except the guy has already done something wrong. So he's being punished for violating an order which was pretty clear.

  48. Re:hipaa violation as well? by Rei · · Score: 4, Insightful

    Perhaps having a little more respect for women than a place to "stick your eleventh finger" might be a good start for you.

    --
    If you can't connect the dots at this point, it's because the dots are too f***ing close together.
  49. Re:hipaa violation as well? by makomk · · Score: 3, Interesting

    And to add my own personal experience with restraining orders; once, years and years back, I went with my then girlfriend while she was babysitting a friend's children. It turned out that her friend and her husband were having relationship difficulty and she had a restraining order against him forbidding him from being within some particular distance of her. So, naturally, her big plans for the evening were to go to where she knew he would be and force him to leave and then follow him around the whole night.

    Yeah, the way restraining orders on exs are granted and interpreted seems to be absolutely nuts, based more on ludicrous gender roles than on any real danger. I wouldn't be surprised to see violently abusive women getting restraining orders against their exs, stalking and violently attacking them, and then getting them arrested for breaching the restraining order.

  50. Re:hipaa violation as well? by realityimpaired · · Score: 2

    Only in the US would there be *any* question whether his creating a blog for the specific purpose of harassing and embarrassing an ex who got a restraining order against him was legal.... Your country has a *really* fucked up idea of what free speech means, and how it integrates into a productive society....

    To be blunt: you can say what you want as long as, to the best of your knowledge it's true, and it doesn't interfere with the rights of others, such as the right not to be threatened or harassed. In any other country in the first world, she wouldn't have even needed a restraining order for what he did to have been illegal.

  51. Re:hipaa violation as well? by realityimpaired · · Score: 5, Informative

    At that point, however, he could still face prosecution for libel if he couldn't prove what he'd said was true.

  52. Cultural differences by Max+Romantschuk · · Score: 5, Insightful

    In most of Europe, removing a blog like this is a no-brainer. Europe is more concerned with freedom of expression and freedom of the press than the US notion of "free speech". For Europeans free speech as a concept is to be able to express one's ideas and thoughts without harrasment or fear of political oppression.

    A blog designed to harrass a single person with no political agenda? "Censoring" that is the sane thing to do if you ask me. Society doesn't exist to protect one person's ability to make another one's life miserable.

    --
    .: Max Romantschuk :: http://max.romantschuk.fi/
  53. Re:hipaa violation as well? by Rei · · Score: 4, Informative

    Indeed, even rats have been shown to practice metacognition. Presented with a choice with consequences -- full reward for the right answer, no reward for the wrong answer, and a tiny reward for an "opt-out" choice -- lab rats will choose the right answer when the test is easy, but as it becomes increasingly difficult they begin to hesitate more and more, and eventually start to choose the "opt-out" choice. That is, they know what they do not know and will make choices that are not impulsive, but are well thought out.

    The gp could also be referring to delayed gratification, but higher nonhuman animals have also been shown to practice that. For example, if you have chimps in a setup where there's a device that slowly loads up a food dispenser with one desired food item after another, but stops as soon as the chimp takes the food, after prior experience with the test, most chimps will wait until all possible food items have been loaded before taking them. Delayed gratification has also been shown in dolphins and a number of other animals.

    --
    If you can't connect the dots at this point, it's because the dots are too f***ing close together.
  54. Re:hipaa violation as well? by DJRumpy · · Score: 2

    In my opinion, he made his intent pretty clear. His intent was to bully, which most is not allowed in most TOS agreements to begin with. Yes it is speech, but still bullying.

  55. Re:hipaa violation as well? by Neil+Boekend · · Score: 2

    It sucks being attracted to insane girls.
    Being a man isn't so bad in and of itself.

    --
    Well, I might have a way, but it only works on a semi spherical planet in a vacuum.
  56. Re:hipaa violation as well? by Anonymous Coward · · Score: 2, Insightful

    But then dating dirtbags because you can't fight a natural impulse, then complaining when they can't fight their impulse to be dirtbags is a bit rich. That's like someone who self harms suing a razor blade maker for making sharp razors - if you know it's going to hurt you, stay away, and if you can't, don't whine about it to the rest of us.

  57. Re:hipaa violation as well? by Attila+Dimedici · · Score: 3, Interesting

    At this point, he could face prosecution for libel. You know when I look at the Constitution, I don't find in there any place where it mentions a right to be free from harrassment. I do, however, find a right to freedom of speech. I have trouble seeing how an enumerated right is trumped by an interpreted right.
    I believe that if the judgement had said that the order was because the blog and the man's actions subsequent to creating it were a clear violation of the spirit of the restraining order and that on the basis of that held the man in contempt of court. Then gave the man the option of serving jail time for contempt of court or delete the blog (with the understanding that if he restored the blog the jail time would ensue) Followed by an order not to promote the blog (or anything like it) to the woman's contacts.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  58. 'Free Speech' In Brazil... by chrisreichel · · Score: 2

    Here in Brazil even comments in blogs could cause an entirely shutdown. Really. If an user make a comment that could offend someone or be a political propaganda in election times, a judge can ask to remove the content and also there's a possibility to shutdown the website. Another example: In 2007 Daniela Cicarelli (former model and actress) was filmed in a soft porn performance in Spain (http://mashable.com/2007/01/09/daniela-cicarelli/), the video was released public in youtube. What happened? A judge ordered to block youtube. The ban was eventually removed, but the modus operandi of our legal system still the same.

  59. Re:hipaa violation as well? by delinear · · Score: 2

    There's never been a general rule that all speech should be free. There has always been a rider that says free speech that causes harm to others is not blanket protected (i.e. the typical shouting "fire" in a crowded theatre example). The law has long established precedents on how to handle this within the bounds of the "reasonable man", there is nothing new here and no extension of governmental influence, it's merely that it's being applied to online harrasment.

  60. Re:hipaa violation as well? by somersault · · Score: 3, Insightful

    So you're not a guy? And you didn't say this?

    Here's an experiment for you: go to a club some time and only give a meek, timid "hey" to whoever you want to pick up, only respond with short, meek statements to what they say, avoiding direct eye contact, etc, and compare your results to going there and being assertive, self confident, and persistent. "Bad Boys" win because bad boys tend to exude behavioral traits that many if not most women are attracted to.

    Of course the macho act is going to go down better in a club, but that's because the type of person that would be a match for a quieter guy like me and probably a lot of other Slashdotters just isn't that into clubbing. I don't mind clubbing if I'm drunk, but in general I'm just not interested in clubbing or even being drunk.

    --
    which is totally what she said
  61. Re:hipaa violation as well? by dkleinsc · · Score: 4, Insightful

    On top of this, a restraining order is only as good as the resolve of the Judge that signed it. Both of those two men later violated the order we had against them (literally chased my wife and daughters at knife point, only to be held off by a total stranger with a 12-guage. (Thank you, if you're reading this!)), witnessed by over a dozen police officers (fuck you, Alaska State Troopers), admitted their guilt in court to the very same judge that signed the violated order...and walked out of that courtroom before I did, free men.

    Please name names and jurisdiction if possible. If police officers and judges choose not to respond at all to an assault with a deadly weapon (a serious felony in most states), it is definitely in the public interest to know that. I'm not saying you didn't do the right thing by leaving, just that corruption like this ought to be exposed to scrutiny.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  62. Re:hipaa violation as well? by Rei · · Score: 5, Insightful

    I'd contrarily state that: given the premise of "what you're attracted to can't be helped" and "it's unreasonable to ask someone to not date people they're attracted to", ridiculing women who end up getting treated like that is not productive, and that a better avenue of your efforts would be toward eliminating cultural acceptance of stalker-ish behavior from guys. And if you don't think we live in a culture that glorifies guys doing stalker-ish behavior, let me ask you something: how many times have to seen this plot in TV or the movies?

      * Girl leaves guy (or never goes out with guy in the first place)
      * Guy can't get over girl
      * Guy does something like punch the girl's new fling, stand outside her window blaring love songs, kisses her when she's not expecting it, or something of that nature.
      * Girl decides, "wow, this guy really loves me" and starts dating him.

    In the movies, we call that "a love story". In real life, we call it "stalking". And the ending is not romance, but a restraining order.

    --
    If you can't connect the dots at this point, it's because the dots are too f***ing close together.
  63. Re:hipaa violation as well? by Nesa2 · · Score: 2

    This is just bunch of bull and you know it. Are tabloids trying to protect general public when they write all kinds of lies and worse about stars in order to sell paper. They turn a profit no this. They also have larger customer base than this guy.

    Free speech is free speech... and it is not free speech when someone can arbitrarily say - no you are not allowed to voice your opinions. Thus also my support of Wikileaks... content matters not... we don't get to decide what is free speach and what is not...If we do, then it's not free speech to begin with.

  64. Re:hipaa violation as well? by MagusSlurpy · · Score: 2

    You know, it is possible to date a girl without having sex with her. Trust me, I do it all the time.

    --
    My sister opened a computer store in Hawaii. She sells C shells by the seashore.
  65. Re:hipaa violation as well? by ifiwereasculptor · · Score: 4, Interesting

    Stop dating people you're attracted to? Really, is that your suggestion?

    It is mine. Either that of "shut up and take the abuse". But "caveat emptor" sounds less assy. What you're saying is women like jerks and therefore should be able to date jerks without them being such jerks. See the problem with that statement? They also should be able to eat heaps of chocolate without getting fat and to buy tons of fashionable accessories without spending all their money. That's great and I myself often wish I didn't have to choose between what I like and what is not stupid to do, but life doesn't spoil us like that, so you have to wise up at some point and listen to the Rolling Stones instead of your fickle urges.

  66. Re:hipaa violation as well? by TWX · · Score: 2

    Your comparison is bad because in bars/clubs there are no other way to judge people but on looks and is a competitive environment to begin with and that makes it a poor place to look for a potential date although I can see your real problem seems to be the implied "if I don't take what I can get I will get nothing".

    Sure there is. Talk to them. Treat the bar like your own personal, undeclared speed-dating session and talk to the ladies in the bar. Look for signs that what they're saying is too good to be true, and filter those out if you're actually looking for a long-term relationship. Pay attention to the kind of people that they're hanging out with too.

    Or, just skip the bar scene and start doing activities that women also like to do. That doesn't mean doing effeminate activities, but it does mean, generally, getting off of the computer. In my case I met my wife when I learned to dance. BTW, dancing is a great way to meet women for non-long-term relationships too. I mean, you get to put your hands all over a woman for three and a half minutes and she thanks you for it when you're done. It can often lead to more intimate contact.

    --
    Do not look into laser with remaining eye.
  67. Re:hipaa violation as well? by Lord+Apathy · · Score: 3, Insightful

    Stop dating people you're attracted to? Really, is that your suggestion?

    Why not? That is what I had to do. I'm attracted to long tall blonds with huge racks and tight asses. But alas, I had to man up and realize that it was never going to work. There were just to much distance between us. That, and she kept calling the police when she would catch me looking in her window at night.

    --

    Supporting World Peace Through Nuclear Pacification

  68. Re:hipaa violation as well? by Hatta · · Score: 4, Funny

    Why?

    --
    Give me Classic Slashdot or give me death!
  69. Re:hipaa violation as well? by Alranor · · Score: 3, Insightful

    You know when I look at the Constitution, I don't find in there any place where it mentions a right to be free from libel. I do, however, find a right to freedom of speech. I have trouble seeing how an enumerated right is trumped by an interpreted right.

  70. Re:hipaa violation as well? by Lumpy · · Score: 2

    "Unfortunately, one can't control what they're attracted to."

    Yes you can, It's called cultivating a better taste, or a reality check. People who claim they can not are too lazy to make any changes in their life.

    My daughter always had a thing for the pot-head goth losers. That changed when she hit college to men that are not "complete idiots" by her own terms. When a person grows up and realizes that they need changes in their life and puts an effort into those changes, You change your "tastes".

    --
    Do not look at laser with remaining good eye.
  71. Re:hipaa violation as well? by Attila+Dimedici · · Score: 2

    It isn't. Suing you for libel does not infringe on your freedom of speech. It just requires you to pay if you say something libelous. Libel laws do not prevent you from "speaking", they just punish you if what you "say" is untrue and derogatory. That is why I told you to feel free to put up those libelous posters. It is your Constitutional right to do so. Just understand that defaming my character is an actionable behavior that I will take action in court to prevent. Of course, if you prefer, we could go back to the remedy that the Framers preferred and have a duel.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  72. Re:hipaa violation as well? by Miamicanes · · Score: 4, Interesting

    The constitution applies to conduct by the government. Common law applies to actions between individuals. Common law has a long, well-established tradition of recognizing that there's a line between "things that are false" (slander/libel) and "things that might be factually true, but are none of your business or anybody else's". In a case like this, intent matters. She might not be able to sue him for slander or libel, but harassment is a definite possibility.

    The justification for ordering specific performance (removal of the blog, refraining from future public comment about the woman over the internet) is based upon another well-established legal principle: Equity. Equity is an extraordinary relief granted by courts in situations where monetary judgments are not sufficient to make the injured party whole.

    If the woman became a public figure, the man might have had an affirmative defense. However, by all appearances, she wasn't.

  73. Re:hipaa violation as well? by DinDaddy · · Score: 2

    Our ability to not act on our impulses is what separates the human race from the animals.

    Bull. If that were true, you could not train dogs to do things like not eat a snack placed on their nose until signaled, or not defecate in the house.

    And on the other side, there are an overwhelming number of people who seem to be unable to curb their impulses, based on very simple observation of those around you.

  74. Re:hipaa violation as well? by orgenegro · · Score: 2

    In real life sometimes that ends in a restraining order, and sometimes it ends in a relationship. The culture you're decrying exists outside of the movies as well - that you see it in movies just illustrates how illogical and arbitrary people (both men and women) are. I mean, for one, I never see any men intentionally going to a movie that involves romance whatsoever, so it must be women creating this culture. Doesn't the description you give describe the plot of Twilight? I ridicule everyone for their poor choices, it's the only way they'll learn.

  75. Re:hipaa violation as well? by Rei · · Score: 2

    Right, because it's totally the woman's fault and not the abuser. And while we're at it, it's a rape victim's fault for wearing a skimpy dress and a collateral damage victim's fault for being too close to where a bomb fell.

    Let's be explicit: Just because a woman may be attracted to a "bad boy" doesn't give him the right to abuse her or make it her fault that she is abused. Quit blaming the people who hold a (extremely common, and IMHO, historically genetically advantageous) attraction for the clearly wrong actions of the perpetrator.

    --
    If you can't connect the dots at this point, it's because the dots are too f***ing close together.
  76. Re:hipaa violation as well? by Hatta · · Score: 2, Insightful

    This statement:

    I'd contrarily state that: given the premise of "what you're attracted to can't be helped" and "it's unreasonable to ask someone to not date people they're attracted to"

    Contradicts this one:

    a better avenue of your efforts would be toward eliminating cultural acceptance of stalker-ish behavior from guys

    Dating IS social acceptance. Women date assholes because they like them, which is the definition of social acceptance. If you can't change what people are attracted to you can't change what is socially acceptable. Men get sexual favors for acting like jerks, that's a more powerful incentive than anything sort of cultural stigma you might like to impose.

    Besides, your strategy has unintended negative consequences. If you were actually able to reduce the number of assholes in the world, that would just increase demand for the remaining assholes. That gives those assholes an even greater advantage over the women they date and abuse.

    Really, the key is to teach your kids impulse control. Just because you like something doesn't mean it's good for you. It's entirely appropriate to ridicule someone who can't learn this lesson.

    --
    Give me Classic Slashdot or give me death!
  77. Re:hipaa violation as well? by Hatta · · Score: 2

    Quit blaming the people who hold a (extremely common, and IMHO, historically genetically advantageous) attraction for the clearly wrong actions of the perpetrator.

    The fact that women reward these "wrong actions" with sex implies that they're not actually that wrong at all. Men are just doing what they need to to have the best chance at passing on their genes. If you're going to excuse the behavior of women because it's evolutionarily successful you also have to excuse the behavior of men that is evolutionarily successful.

    Until women stop voluntarily having more sex with jerks than they do with nice people, we're going to have more jerks than nice people. The supply of jerks, like everything else, is demand driven.

    --
    Give me Classic Slashdot or give me death!