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Smearing Toddler Reputations Via Internet: Free Speech Or Extortion?

retroworks writes "Crystal Cox, a Montana woman who calls herself an 'investigative journalist,' was slapped with a $2.5-million judgment last year for defaming an investment firm and one of its lead partners. Cox had taken control of the Google footprint of Obsidian Finance and its principal Kevin Padrick by writing hundreds of posts about them on dozens of websites she owned, inter-linking them in ways that made them rise up in Google search results; it ruined Obsidian's business due to prospective clients being put off by the firm's seemingly terrible online reputation. After Obsidian sued Cox, she contacted them offering her 'reputation services;' for $2,500 a month, she could 'fix' the firm's reputation and help promote its business. The Forbes Article goes on to describe how she tried to similarly leverage attorneys and journalists reputations. Finding some of her targets were too well established in google rank to pester or intimidate, Cox moved to family members, reserving domain names for one of her target's 3-year-old daughter. Forbes columnist Kashmir Hill makes the case that this clearly isn't journalism, and establishes a boundary for free speech online."

213 comments

  1. Seems like Libel by bytestorm · · Score: 5, Insightful

    How is this not libel/slander, which is not protected speech?

    1. Re:Seems like Libel by Anonymous Coward · · Score: 1

      It's only libel/slander when someone actually brings up a lawsuit claiming it?!?!

      Either way, the lady is a major TROLL. How anyone could ethically do business with that kind of person is rather abhorant. Are those people not aware of who they do business with?

    2. Re:Seems like Libel by Poltron+Inconnu · · Score: 5, Informative
    3. Re:Seems like Libel by Anonymous Coward · · Score: 1

      libel slander perhaps...

      Im thinking at a minimum extortion probably more along the lines of racketeering.

    4. Re:Seems like Libel by LordLucless · · Score: 1

      It is. Read the summary - she got slapped with a fine for defamation. Libel and slander are types of defamation.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    5. Re:Seems like Libel by thsths · · Score: 2

      Libel, slander, extortion, defamation, maybe even stalking. It is all those things, and the medium (the internet) is distinctly secondary here. And it has very little to do with free speech, which gives you the right to voice your opinion (valid or not) in a civilised way.

    6. Re:Seems like Libel by Anonymous Coward · · Score: 0

      Gotta laugh at this she actually believed she was protected by free speech, and they find out she has done this, or attempted to do this to other companies. LOL she even tried to charge him 2,500 a month to bring back respect to his company. She uses her 3 year old daughter, and her family to create more web sites. She should be jailed for this and forced to fork out 5 mill. This has to be one of the dumbest rip off schemes..
      I give her a F (failure) for creativity..

      I do not know who the judge was but he or she should be ousted.. Judges are becoming like the dumb criminals..

    7. Re:Seems like Libel by mcgrew · · Score: 2

      I'm surprised she wasn't charged with extortion.

    8. Re:Seems like Libel by mcgrew · · Score: 1

      And it has very little to do with free speech, which gives you the right to voice your opinion (valid or not) in a civilised way.

      Civilized has nothing to do with it. For example, IMO Sony should fucking DIE and their CEO and board should be imprisoned for rooting my computer, and also in IMO they're evil scumbags. That's not a civilized way to put it, but it is my opinion and I have the right to express it.

      What I don't have the right to do is say that Joe Blow is a pedophile unless he actually is. Lies aren't opinions, slander isn't an opinion, and it doesn't matter of your slanderous lies are put forth in a civilized way or not.

  2. I think the key... by Omnifarious · · Score: 5, Insightful

    I think the key is that she offered to change it all for money. I think that's the part that should be illegal, not posting all that stuff in the first place. And threatening to post it unless you get money should be treated very similarly.

    Lastly, this, in a small way, Google's fault. Their algorithm is fooled by stuff the human curating process would've had a much harder time being fooled by.

    But I don't think we need any restraints on speech to handle this issue.

    1. Re:I think the key... by Anonymous Coward · · Score: 4, Insightful

      The day I learned of 'Google-bombing', I lost any confidence in their search engine.

      Libel is a criminal act, and attacking uninvolved relatives of targets deserves prosecution. Her offer to sell out proves that it was not any sort of 'search for the truth' or whatever journalistic slogan you can find.

      Fine her and close her blogs.

    2. Re:I think the key... by Nidi62 · · Score: 1

      I think the key is that she offered to change it all for money. I think that's the part that should be illegal, not posting all that stuff in the first place.

      So you would have no problem with me posting a lot of stuff about you online so that whenever you were searched for it would link to posts talking about how you committed financial fraud or stole social security checks from old ladies or got caught watching women undress through binoculars (ok, from a quick glance she only accused the guy of doing the first thing, but still, it's an example)? That is pretty much the textbook definition of libel. And I would say that the use of libel in an effort to extort money from someone would also classify as malicious. So yes, it is rightfully illegal.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    3. Re:I think the key... by Mabhatter · · Score: 1

      That's called blackmail is it not?? Or does the law only apply to "illegal" activities? It's clearly extortion because she is asking for money.

      The real world has plenty of unemployed willing to break some kneecaps. It's mean to say that, but sometimes things need some "real world" reminders.

    4. Re:I think the key... by vakuona · · Score: 2

      Yes, lets blame Google. But see how well that human curating worked out for Yahoo. The internet is too large for human curators on search engines. The only workable alternative is to allow people to vote down websites in the site results, but then you are exposing people to another kind of extortion. Imagine a botnet operator demanding money from people to _not_ use their millions strong botnet to vote down your site.

    5. Re:I think the key... by Eponymous+Hero · · Score: 1

      larceny and extortion, book 'em danno

      --
      insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
    6. Re:I think the key... by Caratted · · Score: 2

      It's still slander, and regarding her "reputation services," extortion. Perhaps it would be more accurate to say, we don't need any more restraints on speech.

      Civil lawsuit, takedown notice, done. The law already works. No story here... besides /. giving Forbes more free advertising.

    7. Re:I think the key... by Caerdwyn · · Score: 0, Flamebait

      Fine her? How about "jail her for extortion" and "seize everything she owns under RICO"?. Last time I checked extortion and racketeering were felonies. She's just damned lucky that her target didn't decide to settle it with 230 grains of lead (which is, in my not-at-all-humble opinion the only proper way to deal with blackmailers and extortionists, especially when they threaten children like this bitch did).

      Freedom of speech does not include freedom to slander.

      --
      Everybody gets what the majority deserves.
    8. Re:I think the key... by CriminalNerd · · Score: 4, Insightful

      > Lastly, this, in a small way, Google's fault. Their algorithm is fooled by stuff the human curating process would've had a much harder time being fooled by.

      I think the inherent problem is figuring out whether posts made on several websites are made by the same person or more than one person with the same name (or different names + same person, etc.). And even if it's not one person behind the attack, it could be a group of people conspiring to do the same thing (and then you ask where you draw the line between "purposefully harmful" and "honest message that needs to get out").

      I don't think a human curating process would be able to comb through as much data as quickly OR be able to do a better job than Google at figuring out whether a set of websites is run by people trying to undermine the spirit and the assumptions that the search algorithm makes or if it's an actual trend that's starting to emerge.

      In my opinion, blaming Google would be like blaming a technical solution for not solving a social problem. But that doesn't mean we shouldn't try to solve the problem, just that blaming it for not solving an inherently hard problem is just too...knee-jerk-like in the reaction. If a bunch of ACs starting attacking you and talking shit about you while criticizing your post(s), you wouldn't be able to confidently say "this is all done by one guy" or "a lot of people have legitimate reason to criticize my post".

      The headline is too alarmist anyway for an issue with a known solution: If it was one guy paying off several sockpuppets to go around the town and spread nasty rumours (or just gossip a lot with people who can't shut up about "scandals" over coffee or bridge) about a specific person or group that are false and ask the target/victim to pony up money to squash the false rumours, it'd be a clear-cut case of blackmail and libel. I really doubt there is a freedom of speech issue at all.

    9. Re:I think the key... by Captain+Hook · · Score: 1

      Wouldn't blackmail be "pay up or I release this information"?

      She has already released the information, that is not what she is asking money for.

      --
      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    10. Re:I think the key... by MasseKid · · Score: 1, Offtopic

      Just because you prefer 45 ACP doesn't mean everyone does. A 9mm would have done just as good of a job.

    11. Re:I think the key... by LordLucless · · Score: 3, Insightful

      I think the key is that she offered to change it all for money. I think that's the part that should be illegal, not posting all that stuff in the first place.

      No, they should both be illegal. She should be charged with libel for posting malicious untruths, and with extortion for trying to extract money from her marks by ceasing her libel.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    12. Re:I think the key... by Anonymous Coward · · Score: 0

      Yeah, some folks prefer to double- or triple-tap. With a .45 ACP, you only need one round.

    13. Re:I think the key... by Anonymous Coward · · Score: 1

      Libel is a criminal act

      This is in the United States, where criminal libel is rare or nonexistent, depending on the state.

    14. Re:I think the key... by frosty_tsm · · Score: 1

      Wouldn't blackmail be "pay up or I release this information"? She has already released the information, that is not what she is asking money for.

      I think it has to be true (or half-true) and a secret for it to be blackmail. She's just making stuff up.

    15. Re:I think the key... by Anonymous Coward · · Score: 0

      The libel isn't criminally prosecutable, but the harrassment and extortion are.

      Incidentally folks, RICO has no bearing here. The "O" stands for Organization. Other statutes allowing for treble damages might apply, though it's not like they're ever going to collect the 2.5M in the first place. Poor Ms Cox will lose her home and all her assets tho ... couldn't have happened to a more deserving scumbag.

    16. Re:I think the key... by yurtinus · · Score: 5, Interesting

      No, that isn't the key here at all. If she simply had decided she didn't like the name of the company and did the same thing, it is *still* defamation whether money was involved or not. The request for money to fix it just adds additional *criminal* acts of racketeering and extortion to the civil charges of defamation. The existing laws here were plenty.

      Google really isn't involved either. If I decided to defame you by posting "Caution: Known Cow Fondler" posters with your picture on every power pole in town, do you blame the utility company? No, you blame me and sue me for defamation. Trying to hold a third party responsible because their algorithm was gamed by one person involved in criminal acts is exactly the restraint on free speech that you want to avoid. Hold people responsible for their actions, but leave the tool makers alone.

      As another poster here noted: everything is working as intended, though likely with the major wrinkle that the business she sank in her scheme will probably never recover their losses or that $2.5m judgement.

      --
      +1 Disagree
    17. Re:I think the key... by Omnifarious · · Score: 1

      Libel laws are not 'new' laws. But yes, I should've mentioned them in my original post. It tends to be really hard to get a libel charge to stick. I don't know enough about this case to know if it will be easy or not.

    18. Re:I think the key... by Anonymous Coward · · Score: 5, Informative

      Wow, you are woefully misinformed. Freedom of speech absolutely does NOT include slander. Further it absolutely should not. Your defense to accusations of slander is TRUTH. You cannot be convicted of slander for truthful statements. If what you want is the ability to LIE about people and suffer no consequences, go look somewhere else.

    19. Re:I think the key... by Omnifarious · · Score: 2, Interesting

      I think Google has a responsibility to do as much as they can to avoid having their algorithm gamed. But I don't think the responsibility is a legal responsibility in any way. It's a moral responsibility. And ultimately, it's something they need to do in order to maintain their edge in search quality, so it's a fiduciary responsibility as well. But it's not a legal responsibility.

      I don't think your power pole analogy as very apt. Google has a lot more to do with the message getting out than the power company does. I think a better analogy would be if your neighbor figured out how to send signals down the power line that blew out your gadgets. The power company should keep that from happening, but it's not their fault from a civil or criminal legal liability standpoint.

    20. Re:I think the key... by gstrickler · · Score: 4, Insightful

      Freedom of speech does not mean freedom from the consequences of your speech. She can say those things, and they can sue for libel/slander/defamation, and in this case, she also engaged in extortion, which has it's own set of penalties.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    21. Re:I think the key... by tnk1 · · Score: 3, Insightful

      You are right. This is what is called a protection racket. Prove that you can hurt the person, suggest that they pay you for not hurting them.

      Only in this case, she didn't just send a heavy to look menacing, she actually did the equivalent of a courtesy working over to demonstrate.

    22. Re:I think the key... by next_ghost · · Score: 4, Funny

      Freedom of speech does not mean freedom from the consequences of your speech.

      Let me tell you a joke: The director of KGB was interviewed at the peak of Soviet era. When the reporter asked about freedom of speech, the director replied: "Our country has complete freedom of speech. Freedom after speech is a whole different matter though."

    23. Re:I think the key... by Anonymous Coward · · Score: 1

      yes, yes, but a .22 long rifle is MUCH cheaper and still gets the job done. And as an added bonus you get practice for zombie hunting.

    24. Re:I think the key... by noh8rz3 · · Score: 1

      Freedom of speech does not include freedom to slander.

      I figured you'd say that, you sheep-romancer! Like the wool, don't ya.

    25. Re:I think the key... by yurtinus · · Score: 4, Interesting

      My point is that you don't hold the tool maker at fault when somebody misuses their tools. From a business standpoint you're right, they absolutely should make their algorithm as robust as possible. But a tool is designed for a task, there is only so much you can do to design in ways to keep it from being mis-used and it's an uphill battle against diminishing returns. The problem is, once you start saying they have an ethical responsibility to prevent that sort of gaming you end up in a mindset where a lawyer could convince a jury of it and hold them legally responsible *and* it draws attention away from the actual malicious acts by the perpetrator.

      --
      +1 Disagree
    26. Re:I think the key... by Anonymous Coward · · Score: 0

      Actually, sweetheart, that's exactly what it includes.

      But honestly Monica...

      Lack of understanding of the topic AND a condescending tone to boot. Nice one.

    27. Re:I think the key... by thesandtiger · · Score: 4, Insightful

      No, it's entirely the fault of the person behaving badly.

      Google takes steps to accou t for people like this, but the system isn't and cannot be perfect. Blaming the tools people use to commit crimes - even if just "in a small way" - shifts blame from the actual responsible party.

      If I get a gun and shoot someone, is that, even I a small way, Smith & Wessons fault for making the gun? The dealers fault for selling it to me? The ammo makers fault for selling me the funds? The victims vault for being in a situation where I could shoot them? No. It would be my fault because I am the person who did something wrong. Without me the crime wouldn't have happened, period, full stop.

      Now, if you meant to say, "tools like google let people do this kind of thing more easily, I wonder if there is a way to limit the harm bad actors can do without crippling tht tool" then that's one thing. But fault? No, sorry, that's entirely on the person who decided to do the behavior in question.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    28. Re:I think the key... by gstrickler · · Score: 4, Informative

      You jest, but freedom of speech has always been first and foremost about "prior restraint" of speech, not about freedom from consequences. Many types of speech have had, and continue to have consequences. Libel, slander, defamation, hate speech, etc. can all have legal consequences. Threaten someone, and you may get you butt kicked, or even die. If you survive, you might be charged with a crime for the threat. Some types of speech are protected against legal/government imposed consequences, such as the right to criticize the government, but there is no blanket protection from consequences of all speech.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    29. Re:I think the key... by Registered+Coward+v2 · · Score: 1

      I think the key is that she offered to change it all for money. I think that's the part that should be illegal, not posting all that stuff in the first place. And threatening to post it unless you get money should be treated very similarly.

      No, it's still liable; extortion gets added when you ask for money to "fix" the problem. Just because it's an online post does't mean it automatically gets a free pass form existing laws.

      Lastly, this, in a small way, Google's fault. Their algorithm is fooled by stuff the human curating process would've had a much harder time being fooled by.

      But I don't think we need any restraints on speech to handle this issue.

      It isn't a constraint on free speech, she's free to post whatever she wants and suffer the consequences if it breaks the law; just as someone standing on a street corner would be liable for what they say even if they’re free to say it.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    30. Re:I think the key... by Anonymous Coward · · Score: 1, Informative

      Your defense to accusations of slander is TRUTH. You cannot be convicted of slander for truthful statements.

      For what it is worth, that isn't true everywhere, i.e. England (and maybe other places).

    31. Re:I think the key... by Anonymous Coward · · Score: 0

      I don't think a human curating process would be able to comb through as much data as quickly OR be able to do a better job than Google at figuring out whether a set of websites is run by people trying to undermine the spirit and the assumptions that the search algorithm makes or if it's an actual trend that's starting to emerge.

      See, if I were running Google, I would include a process to request a page or set of pages be evaluated for gaming the system (automated, then human). If they come back as gaming the system, google could then take action. If not, log the user that made the complaint and watch for a war between the two.
       

    32. Re:I think the key... by dumcob · · Score: 1

      "I don't think a human curating process would be able to comb through as much data as quickly" The only reason this is true is Google doesn't allow it. Google can open up its index to developers with unlimited API access. As NLP and datamining tools get easier to use, local developers will create better local indexes than what Google can achieve. Google can then select and merge the best local algo's. In large parts of the world, your only choice when something like this happens, is to go bankrupt.

    33. Re:I think the key... by gstrickler · · Score: 1

      Google agrees, that's they the impose penalties (even on themselves) when anyone is caught gaming the system.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    34. Re:I think the key... by dumcob · · Score: 1

      In this case Google can do more. Google can open up its index to developers with unlimited API access. Allow local developers to use the latest NLP/datamining algo's to build better local indexes on top of Google data.

    35. Re:I think the key... by tqk · · Score: 1

      Lastly, this, in a small way, [is] Google's fault.

      Not fair. Pretty much any system can be gamed. Humans excel at sneaky, underhanded stuff. Google can't change that. It's practically human nature. They can try to minimize its effect, but it's always going to be part of the mix.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    36. Re:I think the key... by Anonymous Coward · · Score: 0

      If what you want is the ability to LIE about people and suffer no consequences, go look somewhere else.

      If what you is the ability to LIE about people and suffer no consequences, go work in congress. FTFY

    37. Re:I think the key... by tqk · · Score: 1

      The day I learned of 'Google-bombing', I lost any confidence in their search engine.

      Then, I learned of the Googlewhack, and understood it's all about user error. Human civilization is powered by user error.

      Fine her and close her blogs.

      Tubal ligation comes to mind too.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    38. Re:I think the key... by Pfhorrest · · Score: 1, Insightful

      Prior restraint: "You are not allowed to say X. If you say X, we will punish you."

      'Consequences': "You said X. You are not allowed to say X. We will now punish you."

      This "you are not free from the consequences of your speech" bullshit is just that, utter bullshit. OF COURSE you will not be legally protected from some consequences of your speech... if people dislike you, stop speaking to you, stop doing business with you, stop associating with you, or generally do anything which they have the freedom to do, because they dislike your speech, then you have (or should have) no legal recourse. You do not have a right to be popular or liked or have anybody listen to or agree with you, etc.

      But freedom of speech is ENTIRELY ABOUT freedom from LEGAL consequences of speech. If you can be punished for saying certain things, then you are ipso facto NOT FREE to say those things. Whether the state warns you ahead of time that you will be punished or not is irrelevant.

      As far as blanket protection goes:

      "Congress shall make no law [...] abridging the freedom of speech" (plus "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States") sounds like a pretty blanket protection against legal consequences for speech anywhere in the United States at least.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    39. Re:I think the key... by Anonymous Coward · · Score: 0

      "congress shall make no law"

    40. Re:I think the key... by tqk · · Score: 1

      Freedom of speech does not include freedom to slander.

      I figured you'd say that, you sheep-romancer! Like the wool, don't ya.

      Er ..., what?!? Is this an inside joke?

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    41. Re:I think the key... by Jason+Levine · · Score: 2

      Google actually does work hard at keeping people from gaming the system. That being said, however, no system is perfect and there *will* be some people who figure out how to exploit it. It's inevitable and can't be stopped completely. The best Google can do is make it as tricky as possible so few people can accomplish this.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    42. Re:I think the key... by gstrickler · · Score: 1

      Perhaps you should study history. Defamation as s LEGAL claim at equity is a common law principle which predates the US Constitution by at least 1600 years. If you further study US history and the US law, you will find that there is absolutely no evidence to support your claims, but rather, that the framers of the Constitution and the authors of the first amendment intended it to be very much as I stated.

      PS. No, I'm not a lawyer. But that doesn't change the facts.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    43. Re:I think the key... by EricTheGreen · · Score: 1

      I'm taking it you missed the (well-documented) Holmes legal commentary re: "yelling fire in a crowded theater." Or you can search for "Schenck".

      There are, and have been for some time, legally recognized limits on speech. I don't envy the jurists who have to engage in that taffy pull vis a vis the First Amendment...but they do, they have for some time, and will continue to do so.

      Whether or not that infringes on *your* definition of free speech is of limited import.

    44. Re:I think the key... by gstrickler · · Score: 1

      Man my typing sucks sometimes. Should say "...that's why they impose..."

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    45. Re:I think the key... by Pfhorrest · · Score: 2

      I'm not disputing that certain kinds of speech are, in fact, prohibited by law.

      I am just saying that to the extent that speech is prohibited, whether prior or posterior to its being spoken, it is not free. A person is free precisely to the extent that he is not prohibited, tautologically. And a punishment entails the judgement that one has done something prohibited, otherwise it's not a punishment but just arbitrary harm.

      So freedom of speech is not simply about prior restraint. If you get punished for speaking, then you were (judged to be) not free to speak, by definition.

      The fact that some speech is legally punishable just means that we don't really have freedom speech.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    46. Re:I think the key... by rtb61 · · Score: 1

      That just results in random targets. So why Obsidian Finance. Likely she has found some dirt on companies exploits and exaggerates that and attempts to make it go away, basically a budding Public Relations specialist. No better or worse than what PR firms already do.

      This straight up resembles normal everyday US politics. I would guess it is time to start cleaning stuff up from the top down.

      Suggestions defamation should be adjusted to be statements of fact must be provable as true and loser pays court costs.

      That should start cleaning stuff up pretty quick smart, not just this kind of crap but also advertising as news and slander politics.

      --
      Chaos - everything, everywhere, everywhen
    47. Re:I think the key... by Kalriath · · Score: 1

      No, deliberately lying with intent to smear someone's reputation should be illegal whether money is involved or not - not to be confused with claiming things under a good faith belief they're true. It's not free speech, and never has been. The restraints you claim aren't needed already exist, and should continue exist.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    48. Re:I think the key... by Elky+Elk · · Score: 3, Informative

      Except of course, you're wrong. Truth is a defence in English libel law. But don't let that stop your hysteria.

    49. Re:I think the key... by Anonymous Coward · · Score: 0

      Technically, it's the ability to substantiate an allegation which is a defence. It's not sufficient for the allegation to be true; you have to be able to demonstrate that it's true (or at least that there's enough evidence for the allegation to constitute fair comment).
      This is sometimes misconstrued as a reversed burden of proof. But civil cases are decided upon the preponderance of evidence rather than a burden of proof falling on one side or the other. The requirement to substantiate allegations is part of the definition of libel (i.e. libel includes making unsubstantiated allegations i.e. mud-slinging), not the legal process.

    50. Re:I think the key... by Anonymous Coward · · Score: 0

      An thanks to the magic of the network effect, she will be iGottied. Perhaps the New York office of the FBI will say this time "The donna is covered with Velcro, and every charge stuck."

    51. Re:I think the key... by tkrotchko · · Score: 1

      "Freedom of speech does not mean freedom from the consequences of your speech"

      By that definition every country on earth has free speech.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    52. Re:I think the key... by next_ghost · · Score: 1

      Technically speaking, when you're punished for defamation, it's not for the act of speech itself. It's for the malicious intent and actual harm you have done when you said something that is demonstrably not true.

    53. Re:I think the key... by Anonymous Coward · · Score: 0

      No, freedom of speech isn't a right. It's an inherent trait of all sentient life regard less of if it's creator is god, the universe, or man. Everyone in every country has it and will have it until someone invents a chip to take it way. What we have in the USA is a law requiring the goverment not to respect and not attempt to restrict this right that comes from being self-aware. It's not a goverment right or a religious right, it's actually part of being sentient. Yes, you should be able to sue for libel and slander, because you have right to not to suffer from false accusations.

      Google's algorithm is a not to blame. The reason for the algorithm and not humans deciding is because the algorithm is way cheaper to use, okay?

    54. Re:I think the key... by Anonymous Coward · · Score: 0

      It isn't true in Canada. A statement must be true, but it must also be in the public interest.

    55. Re:I think the key... by gl4ss · · Score: 1

      well, but in england you can be told to shut up about the truth about a footballer banging a hoe.

      sure, it's not libel or slander, but amounts to same thing, being slapped for truthful slander.

      --
      world was created 5 seconds before this post as it is.
    56. Re:I think the key... by Anonymous Coward · · Score: 0

      Except of course, you're wrong. Truth is a defence in English libel law. But don't let that stop your hysteria.

      Except of course, you're wrong. Which is why England has gained a reputation as a libel tourism destination. Need to sue someone for libel even though what they're saying is 100% true? England! Where the truth cannot be spoken if it is defamatory.

    57. Re:I think the key... by AmiMoJo · · Score: 1

      The knowledge that if you say something you will probably go to jail or be beaten up would restrain most people prior to opening their mouths. That's why anonymous free speech is so important.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    58. Re:I think the key... by Anonymous Coward · · Score: 0

      Yes, very funny joke, comrade. We in former Soviet Union are so much laughink at it. Now, let me tell YOU a joke.

      When Victor Marchetti wrote an expose of the American Central Intelligence Agency in 1973, the CIA demanded 399 passages be removed, before publication Marchetti held firm, and only removed a mere 168 passages.

      The U.S. has a strong tradition of "no prior restraint" of free speech.

      Not.

    59. Re:I think the key... by gstrickler · · Score: 1

      You have a misconception about the meaning of freedom. There is no such thing as freedom with the meaning you're attempting to give it. Freedom is not being completely unrestricted, it has never meant that, and it can never mean that. Your freedom ends where it begins to infringe on the rights of another. That's the only definition of freedom that has any value. Everything else is a fantasy. For more detail, see my blog post about it.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    60. Re:I think the key... by gstrickler · · Score: 1

      But clearly, it doesn't. People say things that get them assaulted, or sued every single day in this country. Knowledge of punishment does not always prevent people from doing or saying things. In some countries, you can't say certain things, you will be censored if you try.

      There are classes of protected speech, including the right to criticize others, including the govt, the wealthy, politicians, corporations, etc. But there are also forms of speech which have specific legal consequences, including libel, slander, defamation, threats, and some hate speech. If you engage in one of those types of speech, you may be subject to legal and/or financial consequences. People know that in advance, and they still do it anyway.

      Then there is everything in between. It's not a specifically protected class, nor a regulated class, therefore, it falls into the general area of free speech. However, that doesn't mean it's from from consequences. If a business owner promotes an unpopular idea (political or social), people might boycott that business. That has very real financial consequences for the business and owner, yet he is completely free to say it, and do so without legal consequences.

      Free speech doesn't protect you from consequences, it only protects you from specific legal consequences. There are all sorts of other consequences from which you have no guaranteed protection.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    61. Re:I think the key... by Crag · · Score: 1

      I agree with your conclusion, but wish to provide a different reason that you're right. You say, "Without me the crime wouldn't have happened," but that's not the deciding criterion. The reason you are at fault in this hypothetical scenario is because you made the choice to do harm to another. You have agency. You are responsible for your actions. The decision to do harm was yours. The decisions of all those who made your decision possible (the manufacturers who produced the tools) were not decisions which caused harm. They had no reasonable expectation that their actions would necessarily lead to you harming your victim.

      To put this in terms of the classic crypt-analysis characters, if Alice makes knives, she has no reason to think doing so will harm Bob. If Charlie buys a knife from Alice, she has no reason to think he will do use it against Bob. If Alice wishes Bob to come to harm, she must attack him herself, rather than just making knives and hoping someone will eventually hate Bob as much as she does. On the other hand, if Eve is a known transgressor, especially fond of knives and hateful of Bob, and if Alice is known to hate Bob, then for Alice to provide Eve with a knife might be seen as evidence of Alice being partly culpable in Eve's attack on Bob. In this case it is not Alice's creating or providing the knife which is the crime, but her intent to use Eve to get to Bob and reasonably expecting it to work. More evidence of Alice's guilt would be if she refused to provide Bob with a knife to defend himself with.

      Enabling others to do harm cannot be consistently criminalized because the world is a dangerous place and humans can always do each other harm. If we wish to criminalize enabling harmful actions we must prohibit all tools rope (a strangling hazard) and the wheel (which can be used to crush a person).

    62. Re:I think the key... by Crag · · Score: 1

      dammit

      s/Eve/Mallory/g

    63. Re:I think the key... by tehcyder · · Score: 1

      yes, yes, but a .22 long rifle is MUCH cheaper and still gets the job done. And as an added bonus you get practice for zombie hunting.

      Cheapest of all is half a brick in a sock. Slightly harder work physically, but undeniably effective.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    64. Re:I think the key... by tehcyder · · Score: 1

      Except of course, you're wrong. Truth is a defence in English libel law. But don't let that stop your hysteria.

      Except of course, you're wrong. Which is why England has gained a reputation as a libel tourism destination. Need to sue someone for libel even though what they're saying is 100% true? England! Where the truth cannot be spoken if it is defamatory.

      Except, of course, you're wrong and GP is correct.

      Truth IS a defence in English law. It's just that sometimes it's hard to prove what's true.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    65. Re:I think the key... by tehcyder · · Score: 1

      But freedom of speech is ENTIRELY ABOUT freedom from LEGAL consequences of speech. If you can be punished for saying certain things, then you are ipso facto NOT FREE to say those things. Whether the state warns you ahead of time that you will be punished or not is irrelevant.

      You are quite correct, your mistake is in thinking that there is such a thing as perfect or absolute freedom of speech. Just because your US constitution appears to suggest there is, does not change the reality of human civilization.

      You will be prosecuted for shouting "fire" in a crowded theatre and causing the deaths of dozens of people. You will be shot as a traitor for repeating confidential information to an enemy during war. If you libel someone they can sue you through the courts. And so on.

      I agree that the US probably has the fewest theoretical restrictions on absolute free speech in the world, but even there it is still not absolute.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    66. Re:I think the key... by tehcyder · · Score: 1

      Technically speaking, when you're punished for defamation, it's not for the act of speech itself. It's for the malicious intent and actual harm you have done when you said something that is demonstrably not true.

      That's the same thing as the Chinese government saying they're not censoring your free speech, they're just protecting society from the physical results of your call to overthrow the government.in the same way that the US arrests terrorists.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    67. Re:I think the key... by tehcyder · · Score: 1

      For US-style libertarians, freedom has to be absolute, so that the idea that their freedom to wave their fists around stops at your nose is seen as an infringement on pure freedom of movement.

      The problem is that they interpret the US constitution in absolute black and white terms, so that any attempt to reduce absolute freedom of speech is tantamount to treason, and do not seem to realise that society doesn't work that way, never has worked that way, and never will work that way.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    68. Re:I think the key... by tehcyder · · Score: 1

      The knowledge that if you say something you will probably go to jail or be beaten up would restrain most people prior to opening their mouths. That's why anonymous free speech is so important.

      Anonymous free speech is totally meaningless. If you won't face the consequences of your words and actions, you are a coward and a moral imbecile. If your society is so broken and corrupt that the truth can't be told, it is your duty to break that society apart.

      But of course that's a lot harder work than putting on a fucking Guy Fawkes mask and stealing credit card numbers.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    69. Re:I think the key... by tehcyder · · Score: 1

      If I come and shit on your doorstep then ask you for five hundred quid to clear up the shit on your doorstep or else you'll keep getting more shit on your doorstep, yes I'd say that was more like demanding money with menaces (extortion) than blackmail.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    70. Re:I think the key... by Anonymous Coward · · Score: 0

      Why settle for .45 ACP, use .50 BMG or even better a 30 cal HEI round.
      There is no kill like overkill!

    71. Re:I think the key... by Anonymous Coward · · Score: 0

      Except of course, you're wrong. Truth is a defence in English libel law. But don't let that stop your hysteria.

      That's fine and all but this is a US case not English so does not compute. Thanks for playing.

    72. Re:I think the key... by CCarrot · · Score: 1

      I'm not disputing that certain kinds of speech are, in fact, prohibited by law.

      I am just saying that to the extent that speech is prohibited, whether prior or posterior to its being spoken, it is not free. A person is free precisely to the extent that he is not prohibited, tautologically. And a punishment entails the judgement that one has done something prohibited, otherwise it's not a punishment but just arbitrary harm.

      So freedom of speech is not simply about prior restraint. If you get punished for speaking, then you were (judged to be) not free to speak, by definition.

      The fact that some speech is legally punishable just means that we don't really have freedom speech.

      "The freedom to swing your fist ends at my nose." (multiple sources)

      As long as your speech is not causing undeserved harm to me, feel free to say whatever you like. If you decide to park outside my house and yell at my neighbours that I rape puppies and eat babies, I will certainly take any and all legal steps to prevent you since I do neither of those things. If instead, you yell "I 'believe' that this person" yadda yadda yadda, then you'd still better be prepared to offer compelling evidence to my lawyers as to why such is your belief.

      On the other hand, if I actually do rape puppies and eat babies, I would be all out of legal options (If I were such a person, though, I don't think I would balk at some intriguing illegal options, though...)

      Perhaps the whole "freedom of speech" soapbox should have one more word painted on it: "Freedom of true speech." Of course, that would kill the whole political thing right there...ah well.

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    73. Re:I think the key... by RatherBeAnonymous · · Score: 1

      As I recall, the difference is that the English courts will not appoint a public defender in libel cases and that you are presumed guilty unless you can produce evidence that your assertions are true.

      There is a very amusing documentary called McLibel about a case where McDonalds sued two people in England for a flyer they distributed decrying McDonalds food's nutritional value and some of their business practices. The two defendants were not wealthy and had to defend themselves. They were cleared of all counts except some of the business practice claims because they could not afford to fly in witnesses from South America. Meanwhile, McDonalds spent millions of dollars on legal fees and trashed their reputation in England.

    74. Re:I think the key... by Pfhorrest · · Score: 1

      For US-style libertarians, freedom has to be absolute, so that the idea that their freedom to wave their fists around stops at your nose is seen as an infringement on pure freedom of movement.

      Absolutely not.

      (In response to the person you're responding to as much as you): There are two different senses of right: liberty rights, which say that it is not wrong for you to do (or not do) something; and claim rights, which say that it is wrong for someone to do (or not do) something to you. Any person's claim right logically implies a limit on someone else's liberty rights. (These are different from the more-oft-mentioned positive and negative rights, but work in conjunction with them. A "freedom to" is a positive liberty right. A "freedom from" is a negative claim right.)

      Libertarians say that there are minimal claim rights, and thus maximal liberty rights; but that the few claim rights there are are absolutely inviolable. The "your right to swing your fist ends at my face" principle is an extremely libertarian principle: it say "do whatever you want, until it treads on my domain". Without that last part, libertarians would have no ground for their strong defense of private property, so that is a very important part of the libertarian position.

      The problem is that they interpret the US constitution in absolute black and white terms, so that any attempt to reduce absolute freedom of speech is tantamount to treason, and do not seem to realise that society doesn't work that way, never has worked that way, and never will work that way.

      We have never had a perfect society.

      That doesn't mean we shouldn't try to make it as good as possible, and complain when it gets worse or fails to live up to even its own proclaimed standards.

      "It's not like that" is a complete non-sequitur in response to a claim that "it should be like this".

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    75. Re:I think the key... by Pfhorrest · · Score: 1

      Your freedom ends where it begins to infringe on the rights of another.

      When we're talking about the use of force, absolutely, because one cannot enjoy any effective liberty rights unless one has claim rights against being harmed for exercising them. So, my right to act has to stop at the point where my actions would keep you from acting, otherwise we do not have equal* freedom.

      Please let me know when my speech keeps you from speaking in return.

      *(Freedom doesn't logically have to be equal; it is a possible, though not desirable, state of affairs for one person to have unrestrained freedom at the expense of everyone else, and that doesn't make him any less free. I am not at all advocating that, but making the point that freedom absolutely is the absence of restriction; yet that doesn't mean that the absence of all restrictions is a good thing. Just keep clear what we're saying: freedom is the lack of restriction, but absolute freedom for one person at the expense of everyone else is not a good thing, as some things should be restricted, since equal freedom is good, and one person's freedom requires some restrictions on everyone else).

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    76. Re:I think the key... by next_ghost · · Score: 1

      That's the same thing as the Chinese government saying they're not censoring your free speech, they're just protecting society from the physical results of your call to overthrow the government.in the same way that the US arrests terrorists.

      To which I have only one answer: Is the censored criticism true or not? If the criticism is true, no legal action against it is justified. No matter how much harm truth may cause to some (or even all) people, it still needs to be said because it is the truth.

    77. Re:I think the key... by Pfhorrest · · Score: 1

      My original post wasn't about this article's topic of defamation, but about the oft-repeated "freedom is not freedom from consequences" tripe. I'm just tired of people saying that, because freedom absolutely is freedom from (legal) consequences. That doesn't mean that people should have a specific freedom, and I wasn't levying any opinion on that: just on the fact that legal consequences to an action absolutely do mean you are not free to do that.

      On the subject of defamation though: If I offer to pay a hit man to kill someone, my crime is not a speech crime. My crime is conspiracy to commit murder, or something to that effect; despite the fact that the only thing that I did is speak the words "I'll give you a thousand bucks if you kill that guy". It has to be proven beyond a reasonable doubt not only that I said that, but that I said that with the intent of getting the hit man to kill someone, and that there was real potential for that to happen as a result of my words.

      Likewise, the point of defamation, libel, slander, etc, is not that you said something which offended someone, but that you caused material damage to someone; and the burden of proof is on that someone to prove that you caused said damage. The truth defense is there because if what you said is true, you didn't really cause any damage, whoever caused the facts you reported to obtain caused that damage.

      Likewise (I would think), if I tell an angry neonazi skinhead "Dave is a Jew" and the skinhead goes and kills Dave, and Dave really was a Jew, then despite my saying something leading to another person killing a third person (just like my talking to a hit man results in someone else getting killed), I haven't committed any crime. I've just reported a fact.

      (And I wonder now, if I were to publicly and frequently lie about Dave being a Jew, and that resulted in him getting harassed, maybe injured or otherwise materially harmed, by the local neonazi gang, would that be defamation? Would we let "being Jewish" be considered something damaging to your reputation? Seems a little politically incorrect. But if so, what then about people who actually are Jewish; should they be able to legally protect that information, if its publicity could cause them material harm? Now replace "Jewish" with "gay"; if publicly outing someone causes them material damage, and they really are gay, is that truth a defense? Or are we now in the realm of "hate crimes", where even saying true things can be criminal?)

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    78. Re:I think the key... by gstrickler · · Score: 1

      When your speech damages the reputation of another such that it harms their ability to earn a living, AND your speech is demonstrably false or of dubious validity, then the other is harmed by your speech, and may pursue a civil claim against you. Even if they don't pursue a claim against you (or they lose that claim), they are still harmed, and if they are so badly harmed that they can't get a job and end upon welfare, then society is harmed (higher taxes/expenditures).

      Your freedom of speech can infringe upon others rights. When it begins to do so, your freedom is curtailed, just as with any other right.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    79. Re:I think the key... by Anonymous Coward · · Score: 0

      I think the key is that she offered to change it all for money. I think that's the part that should be illegal, not posting all that stuff in the first place. And threatening to post it unless you get money should be treated very similarly.

      Lastly, this, in a small way, Google's fault. Their algorithm is fooled by stuff the human curating process would've had a much harder time being fooled by.

      But I don't think we need any restraints on speech to handle this issue.

      "I think the key is that she offered to change it all for money. " No I did NOT offer to remove for Money. I had been sued and was acting as my own attorney at that time. The Email was sent Jan. 19th - 24th, the Lawsuit was filed January 14th. Here is all 4 emails, I was discussing a settlement, so they would cease fire, they had already filed a 10 Million Dollar Lawsuit when I sent that email in my Pro Se Capacity.

      http://www.crystalcox.com/2012/04/privileged-communication-between.html

    80. Re:I think the key... by Elky+Elk · · Score: 1

      Well libel cases are civil matters so yes, like in the US, you typically won't get state aid to fight it.

      I would say that we assume the person being libelled is innocent until proven guilty. If someone asserts I'm a kiddy fiddler I shouldn't have to prove this is false.

  3. extortion? by v1 · · Score: 5, Insightful

    I've never seen a case of where extortion was successfully defended by claiming freedom of speech. Anyone have any examples?

    --
    I work for the Department of Redundancy Department.
    1. Re:extortion? by Anonymous Coward · · Score: 3, Funny

      Do campaign contributions count?

  4. Wrong Career Path by CanHasDIY · · Score: 2, Insightful

    She should have gone into law "enforcement," where behavior such as extortion and slander are just tools of the trade.

    Politics would have been an equally viable career choice.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  5. Reserving domain names is now smearing? by damn_registrars · · Score: 1

    I don't recall seeing those actions previously becoming considering synonymous. Creepy, perhaps. Extortion, quite possible. But smearing? Unless there is derogatory content hosted on there with the intent of associating said content with said toddler, I'm not sold.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Reserving domain names is now smearing? by Obfuscant · · Score: 5, Insightful

      Unless there is derogatory content hosted on there with the intent of associating said content with said toddler, I'm not sold.

      From TFA: "Perhaps due to the negative attention, Cox took down the content she had started publishing on the nataliarandazza.com site."

    2. Re:Reserving domain names is now smearing? by CanHasDIY · · Score: 5, Insightful

      But smearing? Unless there is derogatory content hosted on there with the intent of associating said content with said toddler, I'm not sold.

      Normally I would agree with you; however, considering Ms. Cox's prior attempts at blackmailing the child's father (among others, according to TFA), I think it's fair to say that the likelihood that harassment was her intent is pretty obvious.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    3. Re:Reserving domain names is now smearing? by Caratted · · Score: 1

      Think of the children! You... you crass bastard.

      Your logic and your adblock and your noscript, we don't want your kind here any way.

    4. Re:Reserving domain names is now smearing? by Mabhatter · · Score: 2

      And dropping off a severe goat head on somebody's doorstep is just a "present"? Might as well just mail a brown envelope to the guys house with a picture of his daughter with a black "x" in marker... It's just art??

      Just remember kids, in certain states protecting your child's reputatution is considered "self defense". Many Western states still make shooting somebody that defames you in the bar only a misdemeanor. Talk about "hold your ground laws"!

    5. Re:Reserving domain names is now smearing? by tycoex · · Score: 2

      If you could shoot people for talking crap there would sure be a lot less assholes running around...

    6. Re:Reserving domain names is now smearing? by Anonymous Coward · · Score: 3, Funny

      I know it's a typo, but the "severe goat head" thing is rather wonderful! I imagine it giving you a hard look, with its hair pulled back in a relentlessly tight plait behind the horns and its little beard waxed to a point.

    7. Re:Reserving domain names is now smearing? by geekoid · · Score: 1

      Of course it can be smearing.

      damn_registraras_rapes_children.com.

      So registering a domain name can be a smear.

      I think that in this case, the smear' referred to her other stuff she was doing.

      http://randazza.wordpress.com/2012/03/30/judge-rules-again-that-blogger-crystal-cox-is-not-a-journalist-you-know-why-because-she-isnt-a-journalist/

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:Reserving domain names is now smearing? by Anonymous Coward · · Score: 0

      Natalia Randazza is a much better name than Crystal Cox. Stylish but not blatantly pornstar (yet still quite serviceable should she choose that career path).

      I just hope that the girl doesn't grow up to become a general.

  6. child's parent sues bittorrent pirates by ClioCJS · · Score: 2, Informative

    Marc Randazza. When it comes to free speech, he's a champ. Couldn't agree with anyone more. When it comes to RIAA, he's one of the assholes who writes blogposts about how it's just fine to have huge judgments against bittorrent pirates. Ultimately he's a smarmy lawyer, but sometimes he's right. Like this time. He's dead right to defend his daughter over this. Crystal Cox should probably be sucking some cox.

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  7. Source by Microlith · · Score: 1

    Awesome addendum there, samzenpus.

  8. Re:That's Dumb by Baloroth · · Score: 5, Informative

    This isn't "rising up and protesting", this is one individual attempting to game the system to extort a company for lots of money.

    This is the exact opposite of Internet protests such as those against SOPA, which involved hundreds of thousands of people fighting against corporate greed and government corruption. This case is just about an asshole who wants money.

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
  9. establishes a boundary for free speech online." by cpu6502 · · Score: 5, Insightful

    Well duh. That boundary has existed for over 200 years. It's called libel (ruining a person's reputation through the written word).

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    1. Re:establishes a boundary for free speech online." by St.Creed · · Score: 1

      Ah... but now it's libel "with a computer". Quick, patent it before someone else does!

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    2. Re:establishes a boundary for free speech online." by Caerdwyn · · Score: 5, Funny

      Ah... but now it's libel "with a computer". Quick, patent it before someone else does!

      Prior art: Slashdot.

      --
      Everybody gets what the majority deserves.
    3. Re:establishes a boundary for free speech online." by PPH · · Score: 1

      Mod parent +SoSueMe

      --
      Have gnu, will travel.
    4. Re:establishes a boundary for free speech online." by cpu6502 · · Score: 1

      Prior art:
      Usenet
      (libeling fellow users since 1980).

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  10. Re:That's Dumb by Anonymous Coward · · Score: 1

    Crystal Cocks, what a name!

  11. Re:That's Dumb by Apothem · · Score: 2

    It sounds like a pornstar name or something. Makes you wonder what got her started with journalism.....

  12. Free speech for dummies by Sarten-X · · Score: 3, Insightful

    You have the right to express any opinion you want, but you do not have a right to make others' lives worse with your speech. In essence, it's that simple.

    Sure, you can write "FUCK" in 10-foot-tall letters on the side of your house, if you can explain the opinion being expressed.

    Go ahead and rant about the federal government being too powerful, but expect that others will argue it's not powerful enough.

    Proclaim loudly your support for extremist suicide bombers, but don't harass their victims.

    This doesn't seem too difficult to me. Of course, you're welcome to express any differing opinion.

    --
    You do not have a moral or legal right to do absolutely anything you want.
    1. Re:Free speech for dummies by TheVelvetFlamebait · · Score: 1

      You have the right to express any opinion you want, but you do not have a right to make others' lives worse with your speech. In essence, it's that simple.

      So, if we found a politician doing something corrupt and evil, we can't make his life worse by telling people?

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    2. Re:Free speech for dummies by Sarten-X · · Score: 1

      Ethics aren't covered in this post. You'll have to move up to "Teach Yourself Free Speech in 24 hours".

      --
      You do not have a moral or legal right to do absolutely anything you want.
    3. Re:Free speech for dummies by CCarrot · · Score: 1

      You have the right to express any opinion you want, but you do not have a right to make others' lives worse with your speech. In essence, it's that simple.

      Sure, you can write "FUCK" in 10-foot-tall letters on the side of your house, if you can explain the opinion being expressed.

      How about a daily demonstration, with a helpful powerpoint presentation and a question period afterwards? ;o)

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
  13. OK, let's get this straight once and for all by hey! · · Score: 5, Insightful

    "Free speech" doesn't mean "speech privileged from legal consequences."

    I can't keep you from having a website because you're a scuzzy little libeler, but when you *do* libel me I sure as hell can go after you for that.

    Free speech doesn't give you the right to slander someone. It doesn't give you the right to disclose trade secrets, or publish intimate details of private persons' lives. It doesn't give you the right to disclose sensitive national defense information, or incite immediate violence against somebody (Spike Lee needs to learn this).

    What free speech amounts to is the right to say what you have to say then dare the government to do something about it. Surprised? Well, that's freedom for you. It doesn't come without *risk*.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:OK, let's get this straight once and for all by NeutronCowboy · · Score: 1

      Let's be very explicit about this: freedom of speech means that the government can't put its resources into harming you because you said something someone in the government didn't like. There are significant exceptions to this, all of which relate to speech indicating imminent or on-going criminal activity. Furthermore, you can't lie about somebody.

      What it also means is that private entities - corporations, people, etc - are exempt from laws of Freedom of Speech, because by definition, they are not the government, and your relationship with them is voluntary. A corporation can restrict what you say, either because it is paying you, or because you are using its resources and agreed to abide by its rules when doing so.

      The risk in free speech is that it's not a free-for-all, and you CAN run afoul of certain laws limiting speech. Anything else is either governed by contract law or terms of service, or is just someone trying to frighting you into not stating your opinion.

      --
      Those who can, do. Those who can't, sue.
    2. Re:OK, let's get this straight once and for all by LordLucless · · Score: 5, Informative

      What free speech amounts to is the right to say what you have to say then dare the government to do something about it.

      No, that's freedom from prior restraint. It's part of the overall concept of free speech, but not the totality of it.

      Freedom of Speech is poorly defined, but it generally means that you can say what you want, apart from a few specifically defined instances. Think of it as "default allow" for speech. Basically, if there are no laws against what you are saying, then the government can't punish you for saying it.

      That might sound like a truism, but historically, it isn't. Historically, governments have arrested (and imprisoned, and executed) people for saying things they don't like, regardless of what the law says.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    3. Re:OK, let's get this straight once and for all by NeutronCowboy · · Score: 2

      Basically, if there are no laws against what you are saying, then the government can't punish you for saying it.

      It's a little bit more than that. It means that no legislative body can write a law that can punish someone for saying something that offends someone in government, or that someone in government disagrees with. Porn is weird in that area, but... hey, the US was founded by puritans.

      --
      Those who can, do. Those who can't, sue.
    4. Re:OK, let's get this straight once and for all by Hentes · · Score: 1

      So you define free speech as being free to speak anything unless it's illegal? Because that definition fits almost any activity, and does not provide any protection for free speech.

    5. Re:OK, let's get this straight once and for all by Anonymous Coward · · Score: 1

      Actually....nooooo....the government can pass any damn law they want presuming they have support within their ranks to do so, whether or not it is a law that will be upheld is up to the Supreme Court of the land you are in, and or the 'will of the people to rise up and oppose the government'. See for instance the DMCA. That's the part about 'checks & balances'.

      Ultimately it is up to the people of a land to either peaceably protest & elect officials that pass laws that are in the best interests of the people...or eventually if that doesn't work, rise up against the portion of the populace maintaining power over the portion that doesn't like the laws that are passed.

      In a perfect world a Bill of Rights and a Constitution would be clear & unassailable such that it would be self evident what the government is allowed & not allowed to do such that all bills passed in to law would be easily reviewed against the fundamental rules of the land and be thrown out or upheld immediately upon passing...but that's not how the world works. Until such time that someone gets charged with a crime under the law AND if convicted AND after 'many many appeals' AND the Supreme Court eventually 'deigns' to hear the case (the Supreme Court can reject hearing a case, I would hope it has some rules but I get the impression they can reject it for any reason they like), then the law is the 'law of the land' and you can be arrested, tried, convicted, punished,and have your life destroyed and there is little you can do about it.

    6. Re:OK, let's get this straight once and for all by ChrisMaple · · Score: 3, Insightful

      the US was founded by puritans

      and Baptists. and Anglicans/Episcopaleans. and Quakers. and Presbyterians. and Methodists. and Deists. and atheists (Ethan Allen).

      --
      Contribute to civilization: ari.aynrand.org/donate
    7. Re:OK, let's get this straight once and for all by Anonymous Coward · · Score: 0

      "Free speech" doesn't mean "speech privileged from legal consequences."

      Yes, it does. Speech criticising the government in the Soviet Union was subject to the legal consequence of being shipped to the gulag. Are you going to argue that it was free speech?

      When there are legal consequences in place, the only truly free speech is anonymous speech.

    8. Re:OK, let's get this straight once and for all by NeutronCowboy · · Score: 1

      Atheists were damn rare. Almost as rare today. Deists were much more common among the landed gentry in the latter stages of the colonization, but not really the reason people left the country (Europe). Anglicans were mostly in the US for economic reasons. Not sure about the rest. But the puritans really came to found a better place. For some reason, their approach to morality stuck. Sad, but true.

      --
      Those who can, do. Those who can't, sue.
    9. Re:OK, let's get this straight once and for all by NeutronCowboy · · Score: 1

      the government can pass any damn law they want presuming they have support within their ranks to do so

      Fair enough. The point though is that an appeal to the Supreme Court is pretty much guaranteed, and until then, it is on hiatus.

      --
      Those who can, do. Those who can't, sue.
    10. Re:OK, let's get this straight once and for all by hey! · · Score: 1

      No, I define it as being free to speak, but not to be free from the consequences of my speech. Depending on the consequences that speech may be illegal. It isn't hard to come up with kinds of speech that are and should be illegal, but I can't stop you from engaging in them.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    11. Re:OK, let's get this straight once and for all by hey! · · Score: 1

      No, that's freedom from prior restraint. It's part of the overall concept of free speech, but not the totality of it.

      I understand that, but it's really the important bit. No concept of free speech works without freedom from prior restraint, and any concept of free speech that includes freedom from prior restraint can work, if people are willing to risk standing up to the government.

      Freedom of Speech is poorly defined, but it generally means that you can say what you want, apart from a few specifically defined instances. Think of it as "default allow" for speech. Basically, if there are no laws against what you are saying, then the government can't punish you for saying it.

      Unfortunately that's not much of a guide to what's allowed. To say something is allowed if it is not denied is logically equivalent to saying it's denied if it is not allowed. It'd be more precise to say that speech is allowed unless it does unreasonable harm or the government has a legitimate interest in restricting that speech. Unfortunately, you're still stuck with deciding what is "reasonable" or "legitimate".

      In the end it boils with what people will put up with provided (and this is important) everything is out on the table. When the Pentagon Papers were published, they were top secret. The documents that showed the government had been lying to the American people about what it was up to in Vietnam, had expanded the war in various questionably Constitutional ways, and was continuing the war mainly to avoid the political embarrassment of defeat, rather than for any substantive national interest. Disclosing top secret documents is a felony, but once the government lost its bid to impose prior restraint, it was unable to mount a successful prosecution of the men responsible for the leak. They couldn't drop frightening hints about damage to national interests because what the Pentagon Papers revealed that national interests played almost no role in the continuation of the war. Any argument that the leak put troops in harm's way would have been ironic given that at the time the leak occurred US forces were suffering 45 casualties/week for no identifiable national purpose.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    12. Re:OK, let's get this straight once and for all by bfandreas · · Score: 1

      Damn strait.
      The puritan values mostly stuck because the founding myth has been perpetuated since forever. Basically the religious right have rewritten history. Too many people actually believe this stuff. Constant repetition made the meme stick like a lolcat on fly paper.

      BTW, being agnostic is a lot less hassle than being atheist. Atheism most of the time turns into some sort of religion itsself.

      Hail Eris full of mischief.

      --
      20 minutes into the future
    13. Re:OK, let's get this straight once and for all by Anonymous Coward · · Score: 0

      In what way can you imagine speech not being free, aside from being illegal?

    14. Re:OK, let's get this straight once and for all by serviscope_minor · · Score: 1

      Atheism most of the time turns into some sort of religion itsself.

      No, it doesn't.

      --
      SJW n. One who posts facts.
    15. Re:OK, let's get this straight once and for all by Anonymous Coward · · Score: 0

      BTW, being agnostic is a lot less hassle than being atheist. Atheism most of the time turns into some sort of religion itsself.

      They're not incompatible positions, you know? A properly rational agnostic ought also to be an atheist.

    16. Re:OK, let's get this straight once and for all by Anonymous Coward · · Score: 0

      You are a complete moron if you think there is an unbroken chain of morality from Puritans to America today.

  14. Easy Fix by trout007 · · Score: 1

    If it was my kid my wife would go over and kick the crap out of her. Then when we were taken to trial we would present all of the information and count on a jury of our peers to let us go.

    --
    I love Jesus, except for his foreign policy.
    1. Re:Easy Fix by geekoid · · Score: 1

      Yeah, because you going to jail would really help your family.

      How about you put your cock away and try to behave like your in a civilized society with laws, m'kay?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Easy Fix by trout007 · · Score: 3, Interesting

      Sometimes when someone is being an ass you have to take matters into your own hands.

      Exhibit A
      http://youtu.be/ZOo6aHSY8hU

      --
      I love Jesus, except for his foreign policy.
    3. Re:Easy Fix by Anonymous Coward · · Score: 0

      geekoid, i thought you were told to stfu. He said his wife would go kick the crap out of the Cox bitch... you are an idiot through and through.

    4. Re:Easy Fix by isorox · · Score: 1

      If it was my kid my wife would go over and kick the crap out of her. Then when we were taken to trial we would present all of the information and count on a jury of our peers to let us go.

      +1 funny

  15. Two can play at this game. by kamapuaa · · Score: 4, Funny

    As a form of revenge, I'm been spamming the internet claiming she's a steroid-using track and field athlete from a decade ago.

    --
    Slashdot: providing anti-social weirdos a soapbox, since 1997.
    1. Re:Two can play at this game. by Anonymous Coward · · Score: 3, Funny

      Please don't. If you do that, there will be false information on the Internet, and if that happens the Internet will become useless.

    2. Re:Two can play at this game. by Jason+Levine · · Score: 2

      Wait, I thought that the moment a statement went on the Internet it automatically became true.

      In an unrelated matter, please nobody post "This statement is False" or the Internet may implode.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    3. Re:Two can play at this game. by iphinome · · Score: 1

      If something posted on the internet is said on fox news it becomes false. Paradox time.

    4. Re:Two can play at this game. by Mike+Van+Pelt · · Score: 1

      In an unrelated matter, please nobody post "This statement is False" or the Internet may implode.

      Too late, you just did{|{|}|{|{|{|}|NO CARRIER

  16. Douchebaggery by Anonymous Coward · · Score: 0

    knows no gender.

  17. way to go, editors! by Hognoxious · · Score: 1

    journalistic slogan

    Journalisic. Because according to TFS she's a journalis, not a journalist.

    Shitandpiss truly does the work of three men - if they're Curly, Larry & Moe.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  18. Re:That's Dumb by smc170 · · Score: 0

    But why is it Crystal?! That's disturbing...

    --
    I am Jacks complete lack of Windows
  19. Re:That's Dumb by Anonymous Coward · · Score: 0, Troll

    "Crystal Cox, a Montana woman who calls herself "the best cock sucker ever" was slapped with a $2.5-million judgment last year for not actually knowing how to suck cock. Cox had taken control of the penis of Obsidian Finance and its principal Kevin Padrick and never brought any man to orgasm."

    Its a sad story indeed.

  20. Re:RICO. by Anonymous Coward · · Score: 0

    To go under RICO you need an *organization* (hence the "O").

  21. Re:That's Dumb by Lumpy · · Score: 1

    Have you met a "journalist" lately? They are not what you think they are. They make up things all the time, or inflame something to blow it out of proportion to only get page hits.

    I have more respect for Hookers on the street than a Journalist. at leas the hooker is being up front with you.

    --
    Do not look at laser with remaining good eye.
  22. Protection racket by fermion · · Score: 4, Insightful
    I will only charge you 1 quid to not walk in front of your business and be annoying. You can't do anything about it because I am a public right of way, I am moving, so not loitering, and am dressed through not fully and not attractively. Furthermore the metered parking in front of your shop is available to all the paying public, and the fact that I park my five beat up dodge darts has nothing to do with me trying to shut you down.

    Of course doing either thing individually, asking for a dollar, or being a nuisance, is not illegal. The two, together, however, would be.

    Of this is covered under the RICO act in which multiple acts committed over a certain time period is classified as special criminal activity. In this case it seems plausible that extortion and blackmail may have been committed, and so there may be an RICO violation. It seems that RICO may apply because the internet, like the telephone, is considered a interstate device.

    I think anyone, not just journalist and bloggers, deserve the benefit of the doubt when reporting what can be broadly classified as defensible facts, or even opinions. Freedom of speech say that we can go out onto the public pulpit in the public space and say pretty much what we want. There should be few if any restrictions on this.

    What triggers a regulatory environment is when we are directly paid for reporting these facts and opinions. In such cases some responsibility should be imposed. If you are paid a million dollars a week to state your opinion though a commercial enterprise, funded by ads on radio, tv, or even google, then those statement should undergo some scrutiny, even be liable to prosecution, because it plausible, even likely, you are being paid to mold commercial allegiances, which is not illegal in itself, but is regulated. I mean if it is illegal for me to make a commercial stating that you will get rich investing in gold(as opposed to saying that gold is rising, so buying gold could be a safe investment), then why is it okay for someone to spend three hours a day convincing the public that the most secure currency in the world is going to fall(inflation has not bee an issue and is not rising) and therefore the only safe thing to do is to call this company that will sell you overpriced gold, that may not even exist.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  23. So... by Anonymous Coward · · Score: 0
    1. Re:So... by sjames · · Score: 2

      Beck is a public figure and nobody is trying to extort money.

  24. Not posting my real name on the Internet... by GameboyRMH · · Score: 1

    ...it's gonna pay off once this shit goes mainstream.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
    1. Re:Not posting my real name on the Internet... by Jason+Levine · · Score: 1

      Yeah, I don't know why anyone would post their real name on the Intern.... oops.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    2. Re:Not posting my real name on the Internet... by Johann+Lau · · Score: 1

      Hahaha, you're such a fool! Hey, wait a second...

  25. Re:That's Dumb by Anonymous Coward · · Score: 0

    Have you met a "journalist" lately? They are not what you think they are. They make up things all the time, or inflame something to blow it out of proportion to only get page hits.

    I have more respect for Hookers on the street than a Journalist. at leas the hooker is being up front with you.

    Ha! If only that was true. The last hooker I went to was nowhere near up front with me about her skills or even her services provided.

    Wait? Did I just say that out loud?

  26. Indeed, this is a non-issue by sirwired · · Score: 5, Insightful

    Right on.

    WTF is up with the inflammatory headline: "Free Speech or Journalism"? Defamation, extortion, and libel is not now, and never has been, any kind of protected speech. It doesn't matter if you do it in your local newspaper, leaflets you hand out throughout the neighborhood, the corner soapbox, or a network of libelous websites.

  27. Oh bla bla bla!! by Anonymous Coward · · Score: 0

    ...establishes a boundary for free speech online.

    It does no such thing. What a load of crap. Anything to justify censorship. Fuck off! The speakers' words aren't the problem, the listeners' reactions are.

  28. So when you optimize your searches... by gelfling · · Score: 0

    and you pay for it it's service. But if you do it yourself on your own dime it's a crime. Nice to know.

  29. Re:Obligatory Grammar Lesson by Anonymous Coward · · Score: 0

    Obligatory, shut your piehole. There's nothing more irritating than some person getting in the middle of a thread and derailing the subject by correcting grammar. Please go back to selling oranges by the freeway or prostituting yourself or whatever it is that English majors do to make money.

  30. Re:RICO. by Firehed · · Score: 1

    Didn't you get the memo? People and corporations are legally equivalent.

    --
    How are sites slashdotted when nobody reads TFAs?
  31. Re:That's Dumb by Anonymous Coward · · Score: 0

    I went to school with a girl called Rosella Dick. Rosie for short.

    She had an older sister named Violet.

  32. boo-yah by binarybum · · Score: 1

    A. So who wants to email Crystal Cox with an expensive offer to have this slashdot article removed in order to protect her reputation?

    B. Crystal Cox is a good name for a very high end line of dildos

    C. Have you seen this person's website? It only manages to make you hate her more (enough so that you stop caring about the fact that she is also completely mentally ill).

    --
    ôó
    1. Re:boo-yah by CaseCrash · · Score: 1

      C. Have you seen this person's website? It only manages to make you hate her more (enough so that you stop caring about the fact that she is also completely mentally ill).

      My eyes! Oh god! I thought old geocities and myspace pages were bad... This bitch needs to go to jail just for that website design alone.

      --
      No, that link you posted to a web comic we've all seen a hundred times is not "obligatory."
  33. there are worse things by catmistake · · Score: 1

    Would it be so bad if three year olds weren't so damn delicate? I mean... wouldn't we all be a little better off if three year olds were tougher, smarter, and perhaps took a little responsibility for their online reputations? I like three year olds as much as the next post-neo tech poster/troll, but as often as not they do tend to toddle around like they have no idea what's going on or like they own the place. Maybe a little sand and rock tumbling might smooth their edginess, so the next time they drop their ice cream cone they might not completely self-destruct.

  34. Re:Obligatory Grammar Lesson by Anonymous Coward · · Score: 0

    Fucking hilarious.

  35. Re:That's Dumb by CPNABEND · · Score: 5, Insightful

    Nope. This is "Nice place you have here... It would be a shame if something happened to it".

    --
    My wife doesn't listen to me either...
  36. The free speech issue is the domain name by retroworks · · Score: 1

    Slander is obviously defined under law, and as noted in TFA she was arrested for it. The free speech issue, I think, is whether reserving someone else's child's domain name is protected speech. I suspect it is protected, but as a parent the idea of having to protect my children's online rep seems quite creepy.

    --
    Gently reply
    1. Re:The free speech issue is the domain name by Kalriath · · Score: 1

      She registered it then promptly filled it with slander and libel (which she removed when his attention was drawn in her direction). Definitely not free speech.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  37. I had a run in with her... by droopus · · Score: 5, Interesting

    I had the dubious honor of having to deal with this piece of shit about two years ago.

    Many years ago, I worked on a project called Movielink which was one of the first "download now, watch later" movie services, originally under the auspices of Sony Pictures. We launched a beta site in 2001, and I left to work on other projects.

    Ten years later, I was contacted by one of the (ex) Sony Pictures folks, asking for help with a net stalker. All he had was a bunch of threatening emails, one of which had been sent from a standard mail client not Hush or a remailer. The IP was pretty easy, since it pointed to a group of properties (on one big plot) all owned by this Cox woman. (150 Grave Creek Rd, Eureka, MT 59917, 710 Grave Creek Rd, Eureka, MT 59917, 830 Grave Creek Rd Eureka, MT 59917) Once uncovered, she pulled out the stops and registered every possible permutation of my friend's name with "fuck" preceding or appended to each name. She must have registered fifty domains, and was making ridiculous claims about patent theft, and directly asking my friend for money to "shut down her investigative efforts."

    We got lucky, I guess. In the cleartext email, she directly threatened my friend that she would "ruin him just for fun." Since she was in court with Obsidian, I wrote an amicus (jailhouse lawyer, remember? B) and promised I would send it to the Court and Obsidian's counsel the next day if she didn't transfer every domain with my friends name to him immediately. No threats. We never heard from her again, but every domain was transferred to my friend.

    Her site still tops her own Google results. Why is this still a civil issue?

    --
    "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    1. Re:I had a run in with her... by Anonymous Coward · · Score: 1

      You might be interested in reading http://crystal-cox.tumblr.com/post/20454997010/slashdot-gets-in-on-the-situation

    2. Re:I had a run in with her... by droopus · · Score: 1

      Hah, cool! Thanks for the link, and the vote of confidence. I appreciate the current links..I'll pass the data on to the appropriate folks.

      I'd have to think about releasing the brief. I would rather it not become evidence in some future action. Maybe in the future...

      Thanks again!

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    3. Re:I had a run in with her... by Anonymous Coward · · Score: 0

      Your extremely welcome though be aware that people in lots of places are currently very interested in what Ms Cox is currently doing and of her prior activities. Any information whatsoever you could provide them would help.

      Some articles you might be interested in reading:

      http://www.popehat.com/2012/04/02/the-new-york-times-has-crystal-coxs-number-now/
        - Ex prosecutors take on why Ms Cox should be stopped and how it should be accomplished

      http://phillylawblog.wordpress.com/2012/04/03/the-evolution-of-crystal-cox-anatomy-of-a-scammer/
        - This is a highly intricate timeline of her activities (in relation to Obsidian et.al)

      http://www.anonymous-insider.net/blogging-astroturfing/kevin-padrick-v-crystal-cox.html
      - Anonymous Insider's take using all known public documents on what Ms Cox has been up to for last 4 yrs (again only in relation to Obsidian et.al)

    4. Re:I had a run in with her... by TheVelvetFlamebait · · Score: 1

      Wow. That woman is scum. I've never before used that word to describe another human being, but I think she's as deserving as any.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    5. Re:I had a run in with her... by droopus · · Score: 1

      Hm, interesting. I might indeed be able to offer a little, and anything to put this harpie off the net is worth a shot. Let me read and think.

      Thanks again...

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    6. Re:I had a run in with her... by Anonymous Coward · · Score: 0

      If this is true, I would really like to speak to you.

    7. Re:I had a run in with her... by Jordan+Rushie · · Score: 1

      Hey man, would you mind if I got in touch with you about your experience? How would I do that?

    8. Re:I had a run in with her... by Anonymous Coward · · Score: 0
  38. Worse has happened before by Anonymous Coward · · Score: 0

    There was an incident where a police had shot a black man in the back, and then went and plant a gun next to him and said the guy had drawed a gun on him. What we found out after the investigation is: guy didn't have no gun. Police just shot a man in cold blood...

  39. The logo associated with this story does not fit. by bdwoolman · · Score: 1

    This story is clearly not about censorship, which the gagged man would seem to indicate it is. As an earlier poster pointed out the second part of the headline is misleading. But in truth, there can be no controversy here. No free speech is being muzzled.

    The story appears to me to be about trolling... with a for-profit twist. Is there a little troll logo? If not one might come in handy. These days a lot of trolling takes place... on the news, in politics. Pundits, politicians, authors, 'experts', preachers, bloggers, celebrities etc. etc. have all seemed to learn that if one says something outrageous one gets a precious minute or two of fame or shame (really it's all the same). All of these people profit from their trolls. Truth is often actually a liability in this case. Is this really nasty trend influenced by our increasingly internet-dominated culture? Bored? Start a flame war. Bored with being poor? Don a dog collar, buy an internet divinity degree, then claim that Jesus was not Jewish, but was instead a Gaul, adopted by a Jewish family. Blah blah blah. Wave some Armenian texts around you maintain were found in Yerevan. You'll make money defending the indefensible. And sell books read by people who want to prove it is rubbish.Or by those who would be really happy to learn that Jesus was not a Jew.

    "Phew! We just knew it. "

    "Hello America. Today we'll meet a preacher who says Jesus was not a Jew." By the time you are debunked you'll be in Costa Rica drinking a mohito..or two.

    Crystal Cox rode this hyperbolic trend into criminal territory (or certainly into tort territory) when she said in effect, "I'll stop trolling you if you start paying me." But really, the shock jocks and pundits (both left and right) troll every day to grab eyeballs and eardrums to sell advertising and amp their seven-figure salaries.

    Yup. If there isn't one already, I think we need a little troll.

    --
    "No fear. No envy. No meanness." Liam Clancy
  40. Re:That's Dumb by Anonymous Coward · · Score: 0

    There's a few countries where it's legal, so you could report her for false advertising.

  41. Re:That's Dumb by Anonymous Coward · · Score: 0

    If she was only posting negative comments, that would just make her a troll.
    Which is bad enough, but I guess there's little to be done about that.

    However, saying that 'she can fix it' , when she was the cause of it, is plain extortion.
    Attacking someone through their children ? Even mob gangsters have some standards , after all, many of them have children of their own.

  42. Tortuous interference in business by Anonymous Coward · · Score: 2, Insightful

    Sounds more like Tortuous interference in business.

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

    What she did was nothing new, and its been tried and made illegal many centuries ago and has a long tradition of being enforced against companies.

    "An early, perhaps the earliest, instance of recognition of this tort occurred in Garret v. Taylor, 79 Eng. Rep. 485 (K.B. 1620). In that case, the defendant drove customers away from the plaintiff’s quarry by threatening them with mayhem and also threatening to “vex [them] with suits.” The King's Bench court said that “the defendant threatened violence to the extent of committing an assault upon ... customers of the plaintiff ... whereupon ‘they all desisted from buying.’’ The court therefore upheld a judgment for the plaintiff."

    I believe the Opera lawsuit against Microsoft was based on this. Recall when Microsoft made their websites deliberately return corrupt data to Opera browsers. Whereas the normal website it returns to Internet Explorer would work fine on Opera, these corrupt pages wouldn't work on either IE or Opera. It created the false impression that Opera couldn't render websites properly, and Microsoft paid out $10 million to settle the lawsuit.

  43. I wrote about the whole thing here by Anonymous Coward · · Score: 0

    Sorry to pimp my own blog:

    http://phillylawblog.wordpress.com/2012/04/03/the-evolution-of-crystal-cox-anatomy-of-a-scammer/

    That's the full story of what happened. It's pretty crazy.

  44. Re:That's Dumb by Chrisje · · Score: 2

    As far as the United States are concerned, they rank on the #47 spot of the Freedom of the Press index, whereas the Netherlands rank #3 behind Finland, Norway and, funnily enough, Estonia. The Land of the Free doesn't seem to be as free as it wants to let everyone believe.

    One example of why this comment and rank are deserved is highlighted in the documentary "Peace, Propaganda and the Promised Land" in which the narrative surrounding the Israëli occupation of the West bank and Gaza strip are examined.

    In it it becomes clear that US journalists don't deviate from the narrative that AIPAC and the Israëli government present, and memo's are circulated inside networks such as CNN to call Gilo, a Jewish colonial settlement in the West Bank, a "nice Jewish neighborhood in Jerusalem".

    Stories like that are indicative of why the press in the US is indeed not free and arguably run by lobby groups, government and big business. I'm not saying other journalists in the world are without fault, but one can see that international coverage is much more balanced at BBC World and, indeed, Al Jazeera International.

    So while Crystal Cox is indeed what looks like a parasite and morally void, your comment about Journalists seems quite fair.

  45. Re:That's Dumb by jpapon · · Score: 2

    Even mob gangsters have some standards , after all, many of them have children of their own.

    I suspect that much of this belief comes from Hollywood. I really doubt there is really much honor among thieves.

    --
    -- Let us endeavor so to live that when we pass even the undertaker shall be sorry. -- M. Twain
  46. Re:That's Dumb by Chrisje · · Score: 3, Interesting

    My country being one of them. In the Netherlands, prostitution is indeed legal, but pimping is not. So the ladies are only really allowed to work if they're not the victim of slave trade or extortion. This measure is only partially effective, unfortunately, because some of the ladies are arguably extorted into the business. However, I think the system is vastly superior to zero-tolerance policies such as in Sweden or the US, where prostitutes don't get health care, can't unionize and are usually run out of seedy apartments or neighborhoods.

    Having said that, mainland Europe also does not have the litigation culture the US and UK have. One cannot sue people willy nilly. Firstly because one actually doesn't have a service level agreement on paper with a prostitute, so it's pretty much your word against hers, so there's usually very little reason for a court case.

    Secondly because frivolous litigation is frowned upon, and this type of stuff would immediately thrown out by a judge. If one actually gets robbed, one could alert the police, and they could technically take action, resulting in prosecution with a minimal amount of damages, more like restitution than actual damages.

    IANAL, but I do work as a pre-sales consultant for e-Discovery software for an American company, and I guarantee you that the American's view on the legal system is a hugely different one from what's practiced in mainland Europe.

  47. Re:That's Dumb by Genda · · Score: 1

    And her Brother Blue-Balls

  48. Crystal Cox? by Anonymous Coward · · Score: 0

    Sounds like a pornstar...

  49. we need more women rights in IT by Anonymous Coward · · Score: 0

    this is why we need more women rights in IT

  50. This is Marc Randazza's daughter by Anonymous Coward · · Score: 0

    This is Marc Randazza's daughter, the guy who took down Righthaven, he's a well-known and respected first amendment lawyer. Interestingly on the flipside he's also a determined copyright lawyer when it comes to the Adult industry that he works for. Randazza is one of the good guys, I personally know people who have been helped by him. As for Crystal Cox.. well, she's a fucking nutjob.

  51. But business is business? by Anonymous Coward · · Score: 0

    What have morals got to do with it?

  52. Diapers or no? by Anonymous Coward · · Score: 0

    I hear the toddler in question soiled his pants. Is this not true?

  53. What's up with the headline? by thexile · · Score: 0

    Hey Slashdot, this is the worst, overly-sensationalise headline ever! It is a very pathetic attempt to gain readership.

  54. Trust Me by Anonymous Coward · · Score: 0

    Think about why you believe what you say, question the basis of the libel laws.
    Is anyone persuaded when Alex Jones et al claim that there are mind control chemicals in the con-trails of airplanes? (I'm hoping for a no here)
    Does anyone really have a natural right to their reputation (which is short-hand for the "average" perception of *others* ) ?
    How can anyone own what others perceive of them?

    Regarding the claim that this is so vastly different from the SOPA protests- if the government is able to determine what is untruthful defamation as opposed to legitimate complaints about poor companies- is the required mechanism not the same for political repression.
    Additionally- there are non-governmental solutions to this issue. Who is going to trust Crystal Cox in the future? Also businesses such as Angie's List or Consumer Reports exist for those who care about getting fair analysis about a company. Google-praise be to them- may not be the best tool for determining the quality of a business. Libel laws do everyone a disservice because people become far to trusting, question more!

  55. Truth is a defense... by Anonymous Coward · · Score: 0

    Actually, IIRC, truth is not a defense to defamation charges in England. There have been instances of people stating the exact, undeniable truth about people and still being found guilty of slander there. That is the reason those with the ability to do so like to bring slander charges there over things posted on the internet.

    Truth is a defense in AMERICAN law, not English.

    1. Re:Truth is a defense... by tehcyder · · Score: 1

      Please provide some examples then. I think what you'll find is that the people sued couldn't in fact prove that what they said was true at all, i.e. their defence failed on the balance of probabilities.

      A UK magazine like Private Eye gets sued fairly regularly, and certainly loses cases now and then, but if truth was no defence, they'd have been out of business decades ago.

      It requires proper investigative journalism to be able to print stories which hurt those in power because they are true. Anyone can just pick up some mud to throw.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
  56. Like tomhudson = Barbara, not Barbie on /.? by Anonymous Coward · · Score: 0

    I think the inherent problem is figuring out whether posts made on several websites are made by the same person or more than one person with the same name (or different names + same person, etc.). by CriminalNerd (882826) on Tuesday April 03, @06:11PM (#39566071)

    See subject. It goes on at /. too, and that's an example that's easily verified.

  57. Bar her from owning weapons - computers by Anonymous Coward · · Score: 0

    It is slander and thus the 2.5mil judgement. They should go further and ban her from owning a computer. She obviously has no morals and uses these tools for purposes for which they were NOT indended. Give her a shovel or mop and let her earn an honest living.

  58. Another Soviet "Freedom of speech" joke by Zontar_Thing_From_Ve · · Score: 1

    I've told this joke to some friends I know who live in China and they thinks it's hilarious. This is a joke from the Soviet Union, but of course it's translated into English.

    An American man went on a tour of Moscow and he was talking to his Intourist guide.
    American: I want you to know that in America, we have freedom of speech. Why, any time I feel like it, I can stand outside the White House and say that the American president is a very bad man and nobody will arrest me.
    Guide: It is exactly the same here. Any time I want, I also can stand outside the Kremlin and say that the American president is a very bad man and nobody will arrest me.

  59. Re:Obligatory Grammar Lesson by Johann+Lau · · Score: 1

    English isn't my first language, so I kinda appreciate someone taking some time out of their day to point out such things. I'd rather see more of that, not less.

  60. How to give Crystal Cox a taste of her own medicin by Anonymous Coward · · Score: 0

    It sounds like a good name for a sex-toy. Just market the "Crystal Cox" on as many on-line sex-toy websites as possible until that's the number one result when you Google her name.

  61. Re:That's Dumb by Anonymous Coward · · Score: 0

    the Netherlands rank #3 behind Finland, Norway and, funnily enough, Estonia.

    Who got 0th place?

  62. Journalistm? by Anonymous Coward · · Score: 0

    Come on editors, that's not even a word.

  63. Asking person for money to take down by Anonymous Coward · · Score: 0

    a negative article you have posted about that person is extortion.

    This should trump any 'free speech' claim on the original article.

  64. my vote goes for extortionist by MegaFur · · Score: 1

    I agree with The Salty Droid. I'm thinkin' extortionist.

    --
    Furry cows moo and decompress.
  65. Building fire-proof theaters by Paul+Fernhout · · Score: 1

    "yelling fire in a crowded theater."

    Maybe we should build our theaters out of brick and other materials that don't burn?

    My point in general being that the more precarious a society lets itself become in various ways, perhaps the more worried it becomes about free speech?

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  66. Re:That's Dumb by Reservoir+Penguin · · Score: 1

    The Ladies? Surprisingly sexist for someone coming from a supposedly enlightened European country. Men and Transgendered people are banned from prostitution in your country?

    --
    US-UK-Israel: The real Axis of Evil