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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."

25 of 213 comments (clear)

  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 Poltron+Inconnu · · Score: 5, Informative
  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 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.

    3. 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.

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      +1 Disagree
    4. 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.

    5. 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
    6. 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."

    7. 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.

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      +1 Disagree
    8. 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.
    9. 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.

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      make imaginary.friends COUNT=100 VISIBLE=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?

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    I work for the Department of Redundancy Department.
  4. 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."

  5. 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
  6. 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.

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    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
  7. 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).

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    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 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.
  8. 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 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
  9. 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.

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    Slashdot: providing anti-social weirdos a soapbox, since 1997.
  10. 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.

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    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  11. 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.

  12. 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".

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    My wife doesn't listen to me either...
  13. 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."