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- Newsgroups: comp.org.eff.talk
- Path: sparky!uunet!elroy.jpl.nasa.gov!usc!howland.reston.ans.net!sol.ctr.columbia.edu!eff!world!mkj
- From: mkj@world.std.com (Mahatma Kane-Jeeves)
- Subject: legal question re anonymity online
- Message-ID: <C0I1Is.1yz@world.std.com>
- Organization: The World Public Access UNIX, Brookline, MA
- Date: Thu, 7 Jan 1993 19:44:52 GMT
- Lines: 52
-
-
- Let me pose a hypothetical case. On his way home from work one
- evening, John Q. Publius stops at a newsstand and buys the latest
- edition of his favorite quarterly journal, the Entire World
- Redux. Inside, he finds an unobtrusive but inviting ad for an
- electronic conferencing system called The BELL.
-
- When he arrives home, he powers up his home PC and applies for an
- account on the BELL. He informs the BELL's administrators that
- he would prefer to use a pseudonym, and not reveal any personal
- information about himself on-line. But the administrators deny
- his request, stating:
-
- "Since the BELL makes it clear that users are responsi-
- ble for what they post on the BELL, we think it is
- important that they be identifiable."
-
- With a sigh, John proceeds to become a regular BELL user and
- contributor under his real name.
-
- Some time later, John participates in a debate on the BELL,
- taking a clear stance on a very controversial issue. A lurking
- rabid fanatic with emotional problems takes silent exception to
- John's comments, gets John's name from a message header, and
- somehow finds John's address and phone number. He makes phone
- calls to John's answering machine, quoting from John's messages
- on the BELL and threatening retaliation; later he drops by John's
- house and lobs a molotov cocktail in through the window. John's
- house is badly damaged, and John is injured, suffers great pain,
- loses income and requires expensive medical treatment.
-
- Infuriated and in desperate need of financial help, John sues the
- BELL. My question: Does he have a case?
-
- Suppose John can show that although the BELL management denied
- pseudonymity to most users, they granted it to certain people
- such as celebrities or others with special status. Would this
- strengthen John's case? Could he argue that if the BELL takes
- upon itself the authority to decide who may or may not protect
- themselves with a pseudonym, they must also accept at least
- partial responsibility for the consequences?
-
- Suppose John can show that other BELL users have previously
- suffered defamation, harassment or other problems as a result of
- real-name exposure on the BELL, and that BELL management was
- aware, or should have been aware, of at least some of these
- problems. Would this strengthen John's case?
-
- I realize that these questions may not have clear answers at this
- time, but I am looking forward to informed speculation.
-
- --- mkj
-