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Feds Want To Unmask Internet Commenters Writing About the Silk Road Trial Judge

An anonymous reader writes: A grand jury subpoena, obtained by Ken White of the law blog Popehat, demands that libertarian news magazine Reason hand over "any and all identifying information" about certain commenters posting on an article published May 31st, "Silk Road Trial: Read Ross Ulbricht's Haunting Sentencing Letter to Judge." The subpoena cites a law against "interstate threats" as the reason for demanding the information, which the Supreme Court very recently decided must include real intent.

As White points out, the comments — repugnant as they are — may very well not constitute a true threat, as they aren't directed at the judge and don't detail any real plans for violence. The kicker: although it's possible to fight the subpoena, precedent suggests the U.S. Attorney's office may have the power to obtain the information anyway. However the situation shakes out, this isn't nearly the first fight over commenter anonymity and the First Amendment, and certainly won't be the last.

3 of 183 comments (clear)

  1. Re: Hiding behind anonymity by Anonymous Coward · · Score: 2, Informative

    They call that "jury nullification" in the US and it is the actual job of the jury to judge the law and defendant. Last line of defense against a tyrannical state and all that.

  2. Re:Whats so repugnant? by antiperimetaparalogo · · Score: 5, Informative
    You "forgot" mentioning in your examples the first two messages:

    AgammamonI5.31.15 @ lO:47AMltt
    Its judges like these that should be taken out back and shot.

    AlanI5.31.15 @ 12:09PMltt
    It's judges like these that will be taken out back and shot.
    FTFY.

    So: "It's judges like these that will be taken out back and shot." - I am Greek, and this makes me think a quote from that Greek actor, Telly Savalas, while playing Kojak and answering to someone who feels threatened by him: "Greeks... they don't threaten - they utter prophecies!"

    --
    Antisthenes: "Wisdom begins by examining the words/names." - excuse my English, i am (slightly...) better with my Greek!
  3. Re:The Obama administration by silentcoder · · Score: 4, Informative

    Aaah, another case of using the word "fascist" with no idea whatsoever what it means. Fascism is an ECONOMIC system - NOT a political one, and it's closest parallel in the world today is actually the wall-street republican's policies !

    You can combine ANY economic system with ANY political system - but people get pretty confused when they make up their own meaning for words - which is why their minds explode when they learn there are things like anarcho-socialism (indeed anarchist anti-state socialism could be called "classic libertarian" since the original libertarians espoused exactly that - libertarian didn't start meaning capitalist until the 1970's in fact).

    Pinochet combined extreme free market fundamentalism with autocratic dictatorship. Franco of Spain during his 70-something years in power combined dictatorship with Fascism first, then Socialism, then Capitalism ! He had all three economic systems at various times without once changing the political system.

    Now repeat after me: fascism is an economic system categorized by extreme collusion between government and corporations, deregulation for favoured industries and other examples of massive financial influence on the political process and a worship of the wealthy.
    Musollini, the founder of fascism, in fact used to say "fascism would be better described as corporatism" - though he was himself quoting an Italian philosopher, but he clearly agreed with the description.

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    Unicode killed the ASCII-art *