Your Posts Here May Not Be As Anonymous As You Think

[George Costanza]

According to an article in this morning's L.A. Times, lawsuits against Internet flamers are on the increase.

The Internet has allowed tens of millions of Americans to be published writers. But it also has led to a surge in lawsuits from those who say they were hurt, defamed or threatened by what they read, according to groups that track media lawsuits.

"It was probably inevitable, but we have seen a steady growth in litigation over content on the Internet," said Sandra Baron, executive director of the Media Law Resource Center in New York.

Some postings have even led to criminal charges being filed:

Hal Turner, a right-wing blogger from New Jersey, faces up to 10 years in prison for posting a comment that three Chicago judges "deserve to be killed" for having rejected a 2nd Amendment challenge to the city's handgun ban in 2009. Turner, who also ran his own Web-based radio show, thought it "was political trash talk," his lawyer said. But this month a jury in Brooklyn, N.Y., convicted him of threatening the lives of the judges on the U.S. 7th Circuit Court of Appeals.

Be careful what you say:

Most people have no idea of the liability they face when they publish something online," said Eric Goldman, who teaches Internet law at Santa Clara University. "A whole new generation can publish now, but they don't understand the legal dangers they could face. People are shocked to learn they can be sued for posting something that says, 'My dentist stinks.' "

Web sites themselves are generally (but not always) exempt - but don't think you can defame and remain anonymous:

Under federal law, websites generally are not liable for comments posted by outsiders. They can, however, be forced to reveal the poster's identity if the post includes false information presented as fact.

This latter point is the main one. It is all right to express an opinion, even a nasty one, such as "he's a jerk" or "she's a nut case." But presenting false information as fact, such as "he's an incompetent doctor," or "you're a prostitute," crosses the line and can subject the author to personal liability.

There's a false sense of safety on the Internet," said Kimberley Isbell, a lawyer for the Citizen Media Law Project at Harvard University. "If you think you can be anonymous, you may not exercise the same judgment" before posting a comment, she said.

Here's the entire article. I recommend reading it all the way through:

Blogger beware: Postings can lead to lawsuits - latimes.com

"The first thing people need to realize, they can be held accountable for what they say online," Baron said. "Before you speak ill of anyone online, you should think hard before pressing the 'send' button."

I would venture to say that more than a couple of posts on this very board would be actionable. A word to the wise.

 

[Steerpike]

I never thought comments made here were anonymous. Unless a poster here is taking extraordinary measures, it would not be at all difficult to find them.

 

[George Costanza]

I never thought comments made here were anonymous. Unless a poster here is taking extraordinary measures, it would not be at all difficult to find them.

True, but that's only half of the point of the OP. The other half speaks to the kind of trouble you (anonymous or not) can get into by posting recklessly.

 

[Steerpike]

I never thought comments made here were anonymous. Unless a poster here is taking extraordinary measures, it would not be at all difficult to find them.

True, but that's only half of the point of the OP. The other half speaks to the kind of trouble you (anonymous or not) can get into by posting recklessly.

Yeah, it is something to be cognizant of, that's for sure. I think it is pretty weak to go after someone for a post on a board like this unless you can demonstrate a real harm (or a strong likelihood of one), but it can happen. I tend not to favor liability for speech alone, though.

 

[uscitizen]

PUI

Posting Under Influence.
It is pretty much all monitored folks and has autoamted filters that look for certain words and phrases to flag for attention.


The new job market for the 21'st century.. Net cops.

 

[Middleman]

You fucking, lying, faggot-loving prostitute!

 

[Ravi]

According to an article in this morning's L.A. Times, lawsuits against Internet flamers are on the increase.

The Internet has allowed tens of millions of Americans to be published writers. But it also has led to a surge in lawsuits from those who say they were hurt, defamed or threatened by what they read, according to groups that track media lawsuits.

"It was probably inevitable, but we have seen a steady growth in litigation over content on the Internet," said Sandra Baron, executive director of the Media Law Resource Center in New York.

Some postings have even led to criminal charges being filed:

Hal Turner, a right-wing blogger from New Jersey, faces up to 10 years in prison for posting a comment that three Chicago judges "deserve to be killed" for having rejected a 2nd Amendment challenge to the city's handgun ban in 2009. Turner, who also ran his own Web-based radio show, thought it "was political trash talk," his lawyer said. But this month a jury in Brooklyn, N.Y., convicted him of threatening the lives of the judges on the U.S. 7th Circuit Court of Appeals.

Be careful what you say:



Web sites themselves are generally (but not always) exempt - but don't think you can defame and remain anonymous:

Under federal law, websites generally are not liable for comments posted by outsiders. They can, however, be forced to reveal the poster's identity if the post includes false information presented as fact.

This latter point is the main one. It is all right to express an opinion, even a nasty one, such as "he's a jerk" or "she's a nut case." But presenting false information as fact, such as "he's an incompetent doctor," or "you're a prostitute," crosses the line and can subject the author to personal liability.

There's a false sense of safety on the Internet," said Kimberley Isbell, a lawyer for the Citizen Media Law Project at Harvard University. "If you think you can be anonymous, you may not exercise the same judgment" before posting a comment, she said.

Here's the entire article. I recommend reading it all the way through:

Blogger beware: Postings can lead to lawsuits - latimes.com

"The first thing people need to realize, they can be held accountable for what they say online," Baron said. "Before you speak ill of anyone online, you should think hard before pressing the 'send' button."

I would venture to say that more than a couple of posts on this very board would be actionable. A word to the wise.

Isn't it different, though, when you are calling an anonymous poster a name?

For instance say a poster named CornBoar called a poster named Cornelius a pedohpile, it would only matter if the true identity of Cornelius was known.

 

[uscitizen]

You fucking, lying, faggot-loving prostitute!

Who loves faggots????

 

[Middleman]

My defense in court will be "But I posted a winking smiley judge!"

 

[masquerade]

So ... if I say something like ....

George Costanza wasn't in the pool! He really does have a small penis!

I could get in trouble for that?

Grin.

 

[daveman]

People filing lawsuits over internet posts?

Might as well take out a full-page ad in the paper saying, "I'm a big sissy bedwetter."

 

[del]

People filing lawsuits over internet posts?

Might as well take out a full-page ad in the paper saying, "I'm a big sissy bedwetter."

my attorney will be in touch.

 

[uscitizen]

People filing lawsuits over internet posts?

Might as well take out a full-page ad in the paper saying, "I'm a big sissy bedwetter."

Law schools keep graduating attorneys and they need jobs too.

 

[CrusaderFrank]

I'm probably just paranoid but I first got politically active when Clinton was president and it consisted to calling into talk radio and writing letters to the editor which got published with a high degree of frequency.

At that time I was living in Bayside Queens (No, I'm not "Frank from Queens") and one day there was a garbage pick up, except that they only picked up at one house and then promptly drove off. Then a few weeks later my car was stolen right out of my driveway. In all the years we lived there ours was the only car stolen on our block.

 

[masquerade]

I'm probably just paranoid but I first got politically active when Clinton was president and it consisted to calling into talk radio and writing letters to the editor which got published with a high degree of frequency.

At that time I was living in Bayside Queens (No, I'm not "Frank from Queens") and one day there was a garbage pick up, except that they only picked up at one house and then promptly drove off. Then a few weeks later my car was stolen right out of my driveway. In all the years we lived there ours was the only car stolen on our block.

So, you think you were targeted? Perhaps it was just that you had the best car on the block. Did you ever think of that Frank? I mean really ... the political world doesn't revolve around you CF. It revolves around Obama.



You know what 'they' say about paranoia ... right?

 

[CrusaderFrank]

I'm probably just paranoid but I first got politically active when Clinton was president and it consisted to calling into talk radio and writing letters to the editor which got published with a high degree of frequency.

At that time I was living in Bayside Queens (No, I'm not "Frank from Queens") and one day there was a garbage pick up, except that they only picked up at one house and then promptly drove off. Then a few weeks later my car was stolen right out of my driveway. In all the years we lived there ours was the only car stolen on our block.

So, you think you were targeted? Perhaps it was just that you had the best car on the block. Did you ever think of that Frank? I mean really ... the political world doesn't revolve around you CF. It revolves around Obama.



You know what 'they' say about paranoia ... right?

Yeah, well the car can be explained away because it was a relatively high car theft area but I never could reconcile why the garbage truck would only picked up from my house.

I'm just a regular guy who might look at things in an unusual way .

 

[daveman]

People filing lawsuits over internet posts?

Might as well take out a full-page ad in the paper saying, "I'm a big sissy bedwetter."

my attorney will be in touch.

Good touch, or bad touch?

Oh, right. Lawyer. Bad touch.

 

[daveman]

People filing lawsuits over internet posts?

Might as well take out a full-page ad in the paper saying, "I'm a big sissy bedwetter."

Law schools keep graduating attorneys and they need jobs too.

Maybe sissy bedwetters need to grow the hell up.

 

[uscitizen]

People filing lawsuits over internet posts?

Might as well take out a full-page ad in the paper saying, "I'm a big sissy bedwetter."

Law schools keep graduating attorneys and they need jobs too.

Maybe sissy bedwetters need to grow the hell up.

But what would the Republican party do with no members?

 

[George Costanza]

People filing lawsuits over internet posts?

Might as well take out a full-page ad in the paper saying, "I'm a big sissy bedwetter."

Law schools keep graduating attorneys and they need jobs too.

Maybe sissy bedwetters need to grow the hell up.

Just out of curiosity, do you EVER post anything on this board that is not rude, insulting or negative?