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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."

16 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 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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    2. 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.

  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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  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.

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    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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    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.

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      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*.

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    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.

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  9. 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.

  10. 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...
  11. 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?

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