Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: HKMk23
Furthermore, the records that connect your screen name with your real I.D. are on file and can be subject to legal subpoena.

That was scary for a while, but luckily it's gotten better. A poster in New Jersey was criticizing a politician, so the politician sued for slander, got a subpoena and went to get his name. The poster defended himself and recently won his case to not have his real name automatically revealed due to a subpoena. The politician must prove the slander suit would survive on its merits. He also has to convince the court that he's not going to pull a common tactic -- bring the suit to get the name, only to drop the suit once he has it, then take private retribution against the poster. This is the tactic used by the RIAA to find file sharers.

I also like that the decision cited the Federalist Papers in emphasizing the important nature of anonymous political speech.

77 posted on 10/18/2005 8:16:30 AM PDT by antiRepublicrat
[ Post Reply | Private Reply | To 51 | View Replies ]


To: antiRepublicrat; John Robinson

that does raise an interesting question regarding FR though... i wonder if they do track IP addresses of posts? that is the one connecting piece of information that is used to trace and 'anonymous' id back to a user's ISP which, along with time based recording, can identify the computer from which the post was made.


84 posted on 10/18/2005 8:25:25 AM PDT by kpp_kpp
[ Post Reply | Private Reply | To 77 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson