Saturday, November 24, 2007

Anonymous Blogging & Internet Law

As this high profile case works its way through the legal system, it is wise to fully comprehend the impact of inflammatory rhetoric posted on blogs.
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Think you're anonymous? Watch out.
An update on the lawsuit filed by two female law students for online anonymous attacks about their looks, their smarts, and graphic comments about what the harassers would like to do to them.
Catherine Price
Nov. 10, 2007 Back in March we wrote about an online discussion forum called AutoAdmit that advertises itself as "the most prestigious college discussion board in the world." According to the Washington Post, this "prestigious" discussion board also included threatening, sexist, racist and homophobic comments -- including strings of online attacks against two female law students who found out from friends that AutoAdmit users, often writing anonymously, had posted messages that included photographs gleaned from social networking sites, comments about the students' physical appearances, slurs about their supposed sexual promiscuity, and rape threats. The students, one of whom is a Yale Law student who graduated from college Phi Beta Kappa, were not only personally distressed by these anonymous attacks but also worried that the postings were harming their professional reputation and making it harder to get jobs.
Anyway, in June two of the women attacked on the site filed a lawsuit against the commenters -- along with Anthony Ciolli, a former administrator of the site (AutoAdmit's administrators refused the women's requests to have the offensive posts taken down). According to this blog post from the Wall Street Journal, many legal experts were surprised that Ciolli was named in the suit to begin with, since "the law was clear on protecting site administrators from lawsuits over content posted by a site's users." That's probably why, as the Journal reports, Ciolli's name was dropped from the complaint. (But, as the Journal points out, his absence was made up for by the addition of 11 new pseudonyms -- which now total 39, and include monikers like "Cheese Eating Surrender Monkey" and "hitlerhitlerhitler.")
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But when I asked him whether it was possible to track someone down purely from a pseudonym, he assured me that yes, yes it was. I asked him to keep me updated on the status of this case, so look for more updates in the future, but for the moment, let's just put it this way: Cheese Eating Surrender Monkey should be worried.
AutoAdmit Lawsuit Update: Ciolli Dropped
Posted By Amir Efrati On November 9, 2007 @ 11:50 am In Law School
When we first told you about the lawsuit filed in June by two Yale Law students against anonymous posters on the law-school discussion board AutoAdmit, we scratched our heads about why the women also named a former administrator of the site, Penn Law grad Anthony Ciolli, who along with the site’s owner gained fame from this widely distributed WaPo article about the controversial discussion board. (Ciolli subsequently lost an offer for a full-time associate job this fall.)
Experts told us the law was clear on protecting site administrators from lawsuits over content posted by a site’s users, which in this case included allegedly defamatory and threatening remarks about the two women, presumably written by other law students. To boot, Ciolli claimed he had no direct control over the content and tried in earnest to help the women.
Well, the plaintiffs amended their complaint yesterday and erased Ciolli as a defendant. But they added 11 pseudonyms for a new total of 39, including such names as “Cheese Eating Surrender Monkey” and “kibitzer.”
Harsh Words Die Hard on the WebLaw Students Feel Lasting Effects of Anonymous Attacks
By Ellen NakashimaWashington Post
She graduated Phi Beta Kappa, has published in top legal journals and completed internships at leading institutions in her field. So when the Yale law student interviewed with 16 firms for a job this summer, she was concerned that she had only four call-backs. She was stunned when she had zero offers.
Though it is difficult to prove a direct link, the woman thinks she is a victim of a new form of reputation-maligning: online postings with offensive content and personal attacks that can be stored forever and are easily accessible through a Google search.

3 comments:

Anonymous said...

You blogs are full of invaluable information everyone should take the time to take note of.

BTW, you have been primarily responsible for jarring me out of many years of political complacency and helping me understand that negligence to educate oneself to the multifold issues of this community (and subsequent inaction) makes me part of the problem. Never again! I thank you for the wake up call.

As for blogging, since there is always someone who will take personal offense at an electronic post of any depth, I think I will forego blogs and internet forums and speak up in person at the appropriate meetings. That way there will be no doubt as to the meaning of my words and where I stand on any given issue. Middleboro has to wake up, as I have done, to the serious nature of the problems we're facing as a community in the present and the future.

I encourage you to continue as our town crier, "Hear ye! Hear ye!"

Middleboro Review said...

Your kind in your comments, but I must tell you that I had intended to discontinue the blog after the recall election --- until I looked at the 'traffic.'
Now that you're awakened, your responsibility is to make sure your neighbors are registered to vote and understand how town government works so we can all support competent candidates in April.
And you need to consider filling a position on a town committee. Some of the committees don't meet that often, but they're important.
If we all work together, we can change the mess that's been created.
It has been said that people get the government they deserve. Middleboro doesn't deserve what we currently have.
Jessie

carverchick said...

Jessie, you are correct...Middleboro doesn't deserve the town government it has...it is unfortunate that more citizens don't get involved. When my husband and I moved to Carver, he insisted on us attending town meetings, forums, etc...to be involved in the town we chose to live in. I am glad he did...I otherwise might be walking around oblivious to what is going on all around me. It is easy to get so self involved with work, family, kids...it takes effort to be involved in town politics, but it is a worthwile one all the same!! I can honestly say, I am very proud of the hard work and effort from all Carver town employees..they care about the town, it's citizens and it shows. I know, because I am involved.