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Court to decide web posters' ability to remain anonymous
Ottawa Citizen via Free Dominion ^ | April 12, 2010 | Don Butler

Posted on 04/12/2010 7:05:44 PM PDT by Entropy Squared

In a case with implications for online privacy and free expression, a panel of Ottawa judges is considering whether websites named in libel actions should be required to identify people who post anonymous defamatory comments.

Their decision could chill whistleblowers and others who use pseudonyms to post controversial comments, say civil libertarians.

And, they maintain, if the judges support unmasking anonymous posters, that could erode their privacy by allowing others to piece together vast amounts of personal information.

The case arises from a 2007 defamation suit filed by Ottawa lawyer Richard Warman, who is reviled by the far right for his efforts to use human rights law to shut down hatred on the Internet.

Warman's suit names Mark Fournier and Connie Wilkins-Fournier, a Kingston, Ont.-area couple who operate a conservative website, freedominion.com, and eight "John Does" who posted anonymous comments about Warman to the site.

It accuses them of making 62 posts that falsely disparage Warman's personal and professional reputation.

In a ruling last year, Judge Stanley Kershman of the Ontario Superior Court ordered the Fourniers to disclose the e-mail and IP addresses of the eight John Doe posters to Warman.

Under the rules of civil procedure, the judge said, defendants in lawsuits are obliged to disclose all relevant documents in their possession.

The Fourniers appealed, arguing people who post to message boards do so with the expectation of anonymity. Three Divisional Court judges in Ottawa heard the appeal last week but reserved their decision.

The appeal drew interventions in support from the Canadian Civil Liberties Association and the University of Ottawa's Canadian Internet Policy and Public Interest Clinic.

(Excerpt) Read more at freedominion.com.pa ...


TOPICS: News/Current Events
KEYWORDS: canada; censorship; freedominion; freespeech

1 posted on 04/12/2010 7:05:45 PM PDT by Entropy Squared
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To: Entropy Squared

Given how the internet is global, how could a ruling against anonymity possibly be enforced?


2 posted on 04/12/2010 7:07:43 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: Entropy Squared
disparage Warman's personal and professional reputation.

Not sure...but isn't he a pedophile? Just askin'?

3 posted on 04/12/2010 7:08:36 PM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: Entropy Squared

“Under the rules of civil procedure, the judge said, defendants in lawsuits are obliged to disclose all relevant documents in their possession.”
*******

We have that rule here in the States, too, but it apparently doesn’t apply to documents that might authenticate where a person was actually born.


4 posted on 04/12/2010 7:09:30 PM PDT by Canedawg (I'm not digging this tyranny thing.)
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To: Entropy Squared

“The case arises from a 2007 defamation suit filed by Ottawa lawyer Richard Warman, who is reviled by the far right for his efforts to use human rights law to shut down hatred on the Internet.”

Serious distortion: Warman is a notorious Free Speech opponent reviled by all people supporting basic civil liberties. Warman was caught logging on to websites anonymously, leaving hate speech, then suing these websites for aforemention purported hate speech.


5 posted on 04/12/2010 7:10:50 PM PDT by FormerACLUmember (The urge to save humanity is almost always a false front for the urge to rule. - H. L. Menken.)
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To: Entropy Squared
The case arises from a 2007 defamation suit filed by Ottawa lawyer Richard Warman, who is reviled by the far right for his efforts to use human rights law to shut down hatred on the Internet.

So there you have it. This is all about homos not wanting to be criticized. Well they are all going to burn in Hell anyway for their sins, perversion, and filthy living and Richard Warman will be leading the train.

And if I were a Canadian someone tell me how they would be able to force Jim Thompson to reveal my identity.

(I'm heading over to the Freepathon right now)

6 posted on 04/12/2010 7:14:23 PM PDT by ElkGroveDan (Now can we forget about that old rum-runner Joe Kennedy and his progeny of philandering drunks?)
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To: KoRn

this is all canadian legislative business. I’m pretty sure Americans aren’t subject to canadian laws on American soil, not with regards to somehting like this at least. I could be wrong though.


7 posted on 04/12/2010 7:14:54 PM PDT by RC one (WHAT!!!!)
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To: Entropy Squared

Why is this only an issue when dems are in charge and not liking what is said????


8 posted on 04/12/2010 7:15:10 PM PDT by Red in Blue PA (Thinking of using 911 for protection? Google "Brittany Zimmerman")
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To: Entropy Squared
The case arises from a 2007 defamation suit filed by Ottawa lawyer Richard Warman, who is reviled by the far right for his efforts to use human rights law to shut down hatred on the Internet

Joke statement? He wants conservatives held down so he and his loony left pals can kick them is it?

9 posted on 04/12/2010 7:16:04 PM PDT by SmokingJoe
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To: Entropy Squared

This is why freedominion is now owned by a Panamanian company.


10 posted on 04/12/2010 7:21:04 PM PDT by PapaBear3625 (Public healthcare looks like it will work as well as public housing did.)
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To: Entropy Squared
The case arises from a 2007 defamation suit filed by Ottawa lawyer Richard Warman, who is reviled by the far right for his efforts to use human rights law to shut down hatred on the Internet.

Stopped reading right there.

11 posted on 04/12/2010 7:24:51 PM PDT by CharacterCounts (November 4, 2008 - the day America drank the Kool-Aid)
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To: Entropy Squared

I’m just glad that I never said anything negative about Mitt Romney.


12 posted on 04/12/2010 7:32:21 PM PDT by ansel12 ( Mitt Romney would have to advance two more evolutionary steps to qualify as pond scum.)
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To: Entropy Squared

Isn’t he the jackass that tried to shut down Mark Steyn?


13 posted on 04/12/2010 7:41:32 PM PDT by lastchance (Hug your babies.)
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To: KoRn
I am sure that my “real” name can be traced by the owner of this web site. I choose to post here. I have stopped posting comments on news web sites under my “posting” name. I am not offensive or vulgar. I simply will not give vital info.
14 posted on 04/12/2010 7:52:48 PM PDT by Bronzy
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To: PapaBear3625
This is why freedominion is now owned by a Panamanian company.

I don't think that's true.
It is now hosted by a Panamanian ISP.
Not the same thing.

15 posted on 04/12/2010 9:07:31 PM PDT by Publius6961 (10% of muslims, the killer murdering radicals, are "only" 140,000,000 of 'em)
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To: Entropy Squared

Isn’t Richard Warman the notorious Canadian pedophile?


16 posted on 04/12/2010 9:09:22 PM PDT by Lancey Howard
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To: Lancey Howard

Yep, one and the same Richard Warman that beats bunny rabbits to death with a badminton racket for fun.


17 posted on 04/12/2010 9:28:42 PM PDT by TigersEye (Duncan Hunter, Jim DeMint, Michelle Bachman, ...)
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To: Publius6961
From FreeDominion.com:
Back in 2002 Connie and I made some decisions designed to protect Free Dominion and its members if the political climate worsened in Canada.

First we made sure Free Dominion's database and software were on a server in the USA where we would have First Amendment protection. At that time we also transferred ownership of the website to a corporation, Conn Esq Web Design Ltd. (the name that's been at the bottom of every FD page for a number of years).

Conn Esq Web Design was originally intended to be a corporation offering internet design and programming services, holding Free Dominion as an example of its production. But in the past year the corporation has begun to see ownership of Free Dominion as too much of a potential liability because the website has become a target for individuals and government organizations determined to attack freedom of speech, using a variety of methods at their disposal. Considering the political climate in Canada today, Conn Esq Web Design Ltd. has made the corporate decision to sell Free Dominion to Liberty News Service Inc. of Panama City, Panama.

Liberty News Service’s corporate mission is to buy websites from individuals and corporations living in countries where free speech is under attack, and protect those websites from being shut down or seized by oppressive governments. LNS is now the legal owner of the Free Dominion database and software, all logs and information about FD members, and the domains freedominion.com, freedominion.org and freedominion.net. Because it is not permissible to transfer a dot ca domain to a foreign corporation, we will retain freedominion.ca, which will continue to point to freedominion.com.

It does no good to have yourself hosted elsewhere if your owners can be served with papers in Canada to compel them to cough up info or go to Canadian jail.
18 posted on 04/13/2010 4:45:06 AM PDT by PapaBear3625 (Public healthcare looks like it will work as well as public housing did.)
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To: Publius6961

“It is now hosted by a Panamanian ISP.”

You are correct.


19 posted on 04/13/2010 5:43:18 AM PDT by GatĂșn(CraigIsaMangoTreeLawyer)
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To: PapaBear3625

PapaBear....

There is more to this than meets the eye.

These things are set up like secret corporation bank accounts here in Panama. The owner of the corporation bank account is still the owner, but his name does not appear anywhere as owner. The same laws cover websites.

Yes, there is a lot more to it of course, but I’ve said enough.


20 posted on 04/13/2010 6:06:08 AM PDT by GatĂșn(CraigIsaMangoTreeLawyer)
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