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- Newsgroups: comp.org.eff.talk
- Path: sparky!uunet!world!bzs
- From: bzs@world.std.com (Barry Shein)
- Subject: Re: legal question re anonymity online
- In-Reply-To: karl@ddsw1.mcs.com's message of Mon, 11 Jan 1993 03:26:41 GMT
- Message-ID: <BZS.93Jan11015523@world.std.com>
- Sender: bzs@world.std.com (Barry Shein)
- Organization: The World
- References: <BZS.93Jan8234039@world.std.com> <C0M7Fv.9sA@world.std.com>
- <BZS.93Jan10152122@world.std.com> <C0o6wJ.57J@ddsw1.mcs.com>
- Date: Mon, 11 Jan 1993 06:55:23 GMT
- Lines: 89
-
-
- From: karl@ddsw1.mcs.com (Karl Denninger) [responding to me]
- >>You get into a disagreement with mickey_mouse@bell. MM threatens to
- >>nail your cat to your door. You don't give it any mind (but you save
- >>the msg.) You get home that night and there's your cat nailed to the
- >>door. So you call Bell and say "hey, who is this mickey_mouse guy I
- >>want to report him/her/it to the police...etc". And they say "damned
- >>if we know, he's one of those anonymous users you sued us over not
- >>having last year so we changed our policy."
- >
- >Now wait a second.
- >
- >TRUE anonymous user IDs are going to be damn difficult if BELL is taking
- >money for this service.
-
- That's not true Karl, I assume you have heard of cash? Or cash
- equivalents that have no name other than the payee on them?
-
- Trust me on this one.
-
- >PSEUDONYMS, commonly known in the publishing trade as "pen names" are a
- >different matter entirely. I have allowed these on my system (MCSNet) at
- >times if I feel there is a good reason for it. That "good reason" does not
- >include the fact that someone feels like picking electronic fights.
- >
- >However, I know who those people are. If you show up at my door with a
- >court order which demands the release of that information you'll get a
- >copy of the subscriber's signup form.
-
- Right, fine, I agree on this point.
-
- >Therefore, there isn't a TRUE anonymous user capability.
-
- Well, no (QNED).
-
- >>>Not for me; my feelings about this are based largely on personal
- >>>experience.
- >>
- >>I was referring to the concept of getting justice from the courts for
- >>something like you described.
- >
- >Which is certainly available if you have a "pen name", OR if you have a real
- >name.
-
- Wow, people don't follow the threads: I WAS (ahem, pardon me for
- shouting), I was referring to the fact that the civil court system
- doesn't work, or put better, it doesn't work in the interests of the
- clients. It sure makes lawyers rich tho.
-
- See, it's a big fallacy, oh it happens, but we all postulate this
- system of justice where if we're right and they're wrong we sue and we
- get our due. Well, sorry, there ain't no Santa Claus, and there ain't
- this one either. You're lucky if you walk away with your regular
- hourly rates for the time you put in. Hell, you're lucky if you don't
- find you OWE after a judgement in your favor.
-
- What usually (or at least too damn often) happens is that *your*
- lawyer bilks *you* out of a few thousand to go thru the motions for a
- while and then tells you, so sorry, it's not worth pursuing further,
- better give it up before you throw more good money after bad.
-
- That's where the gold is (for the attorneys), you can't judge his or
- her work really (but a judge can, and that's where s/he's not letting
- you get in front of with his/her work, too risky), it's anyone's guess
- whether you got good advice for your $5K or whatever, it'll cost you
- another $5K to get everything reviewed by another attorney if you
- don't like the answer and more to challenge it, and you gotta put the
- cash up, and besides if you go to another attorney they'll charge you
- $500 to tell you that the other lawyer probably did a responsible job
- and *this* isn't worth pursuing (fell for it again, dincha suckah!),
- take a deep breath and get on with your life (i.e. you've been
- plucked, learn to live with it.)
-
- If they do go to court on contingency then that's because they're
- investing *their* money in your case. You can kiss the settlement
- goodbye, it's *their* merchandise (oh they'll pay you a few bucks for
- your troubles, lessee, we got $50K, hmm, after contingency fees,
- expenses, etc, lessee, you got $5K, oh, that's what you put up in the
- first place? Well, hey, didn't cost you a thing, and you got that
- bastard, that's what was important RIGHT? right.)
-
- [Anyhow, the rest of your note works forward from the assumption that
- there cannot be cash-only anonymous accounts.]
-
- --
- -Barry Shein
-
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