Maryland Appeals Court Will Hear 'Cybersmear' Case

Baltimore Sun via RedNova News ^ | 11/02/05 | Laura Smitherman

[conservative in nyc]

A Maryland appeals court will hear arguments today in a "cybersmear" case that could help determine whether someone who makes an anonymous -- and disparaging -- Internet posting in chat rooms or on message boards could be unmasked.

A decision could add to an emerging body of law shaping free-speech boundaries in the Internet age, when people using screen names as aliases regularly gripe online about politicians, employers and investments. The area is of great concern on Wall Street where online postings have moved stock prices and tarnished corporate reputations.

The case stems from efforts by an Arizona drug company to obtain the names of subscribers to a financial newsletter based in Rockville, in hopes those people would lead them to those who allegedly defamed the company online. The publisher, Timothy M. Mulligan, is fighting the subpoena with the help of the American Civil Liberties Union, Electronic Privacy Information Center, Public Citizen and other advocacy groups.

Courts across the country have addressed "John Doe" subpoenas, which are used to elicit the names of anonymous Internet posters, and have come to differing conclusions. The Maryland case is the first in the state to touch on the issue, albeit tangentially, said Paul Levy, an attorney for Public Citizen, who has been involved in more than a dozen cases nationwide. A decision could take months or more.

--Snip--

Political message boards have also proliferated and reshaped how campaigns are conducted. Joseph F. Steffen Jr., a former aide to Republican Gov. Robert L. Ehrlich Jr., resigned last winter after he was discovered to have posted derogatory messages on the Internet about the personal life of Baltimore Mayor Martin O'Malley, a Democrat who has since declared his candidacy for governor.

[conservative in nyc]

Interesting to see this in the paper on the same day MD4Bush may have been unmasked.

[conservative in nyc]

MD4Bush Ping!

[Mo1]

Thanks for the ping!

[advance_copy]

Check your FReepmail

[sageb1]

Didn't some court just rule that politicians could lie about their opponents?

[Gabz]

Courts across the country have addressed "John Doe" subpoenas, which are used to elicit the names of anonymous Internet posters, and have come to differing conclusions.

A High Court ruling in Delaware last month came down in favor of the John Doe's posting on the forum of a Dover paper.