Re: New case on the right of anonymous free speech]

[David Farber <dave () farber net>]

Begin forwarded message:

From: Paul Levy <PLEVY () citizen org>
Date: February 14, 2007 11:02:47 AM EST
To: s.schear () comcast net
Cc: dave () farber net
Subject: Re: [IP] New case on the right of anonymous free speech]

Yes, but as a practical matter, most ordinary folks either do not  
have the technical know-how to protect themselves, or at least lack  
confidence is their ability to master the technical side of doing  
this.   Shameful to admit, perhaps, given the sort of issues that I  
litigate, but I count myself among that number.

I might add that the ISP's do not take on a "legal risk" by telling  
the subpoenaing party to wait fifteen days while they notify the  
anonymous speaker and give him/her a chance to defend anonymity, see  
the best practices advocated by the Cyberslapp Coalition, http:// 
www.cyberslapp.org/about/page.cfm?pageid=6, or by insisting that  
notice of the subpoena be posted on the message board (where that is  
the context).

Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation

>>> Steve Schear <s.schear () comcast net> 2/14/2007 10:57 AM >>>

>From: Paul Levy <plevy () citizen org>
>Date: February 13, 2007 9:37:27 PM EST
>To: dave () farber net
>Subject: New case on the right of anonymous free speech
>
>I want to call your attention to a case just filed by my colleague
>Jennifer Soble on behalf of an anonymous Internet speaker whose
>identity was revealed by his ISP, nj.com

......

>even though nj.com is run by a consortium of New Jersey newspapers
>that ought to appreciate the need to protect anonymous sources,
>nj.com released its customer's identity


Paul,

Clients relying on their ISP, whose interests may not closely align with
their own, to take on legal burdens is risky at best.  The trouble stems
from the widely held falsehood, that 'If you have nothing to hide why  
would
you need anonymity?"  This belief leaves most people unable to hide  
their
identities when the situation arises.  Educating citizens about the  
reasons
for and means to keep one's identity secret while on-line is the best
avenue to curing the social problem.

Steve


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