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A California judge reversed decision allowing anonymous persons on net to remain anonymous

A California judge in the Sixth Appellate District in Santa Clara County last week ruled that anonymous trolls on the Internet are allowed to stay anonymous.  Along with remaining anonymous, Internet trolls are able to say what they like, by exercising their First Amendment rights, no matter how belittling is it.

 According to Reuters, the appeals court reversed a decision from 2006 that would have subpoenaed ten anonymous posters on Yahoo’s message board by the COO of a drug service company, Lisa Krinsky.

The 2006 court case held that ten anonymous message board posters left quite a few harsh comments on the Internet regarding Krinsky, her company, and two officers at her company. One comment referred to Krinsky saying, "I will reciprocate felatoin [sic] with Lisa even though she has fat thighs, a fake medical degree, 'queefs' and has poor feminine hygiene."

Doe 6, a tag given to the anonymous posters, days later moved in superior court to quash the subpoena.  The defendant claims that Krinsky had “failed to state a claim sufficient to overcome his First Amendment rights for either defamation or interference with a contractual or business relationship” and that her “request for injunctive relief was an invalid prior restraint”.

In 2006, the superior court proposed that the statements made by Doe 6 had the intent of driving down the price of Krinsky’s company to manipulate the stock price.  The court, even with the claim and information, decided that Doe 6 was protected under their First Amendment rights.  Due to the context of the statements, they are not actionable under Florida’s defamation laws.

The controversy over Internet anonymity will continue to be fueled by contexts of libel and First Amendment rights but will, at least, allow the contexts of these actions to be narrowed down.



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RE: Molehills
By just4U on 2/12/2008 7:51:49 PM , Rating: 4
DailyTech is one thing, but there are other forums out there as well that are heavily moderated for content. I've seen Trolls say it's their "right" to say as they choose but it's not. If you've become a member of a forum (international or otherwise) You usually agree to post by their rules. If you don't then they can ban you, edit your posts, delete them or what have you....

... and there is not a damned thing you can do about it. It's their site. Abide by their rules or face moderation.

As to remaining Anonymous while posting. I don't see a problem with that. As a rule of thumb, most forums don't give out your identity. Occasionally they might delete multiple accounts if it's part of their guidelines but I've yet to see any say your so and so openly.


RE: Molehills
By TomZ on 2/12/2008 8:53:15 PM , Rating: 2
I think you're missing the point about freedom of expression. It's not a question about whether DT or other forums allow you to post as you please or if they censor. The point is that the government has no right to restrict you from posting what you please, and that they have no recourse against you for posting your opinions (within the limits of the law, of course).


"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain











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