New ruling on internet anonymity

[David Farber <dave () farber net>]

Begin forwarded message:

From: Paul Levy <plevy () citizen org>
Date: January 19, 2007 6:00:23 PM EST
To: dave () farber net
Subject: New ruling on internet anonymity

I want to call your attention to a new decision won by my colleague  
Greg Beck upholding the rights of an anonymous Internet speaker -- in  
this case, the anonymous author of a web site about Massachusetts  
real estate developer Paul McMann.  The court agreed that a plaintiff  
must present evidence showing that he has a viable cause of action  
before the right to speak anonymously can be overcome.

During oral argument, the plaintiff in the case made the kind of  
concession that reminds us why it is so important to erect an  
evidentiary requirement -- when the judge asked his lawyer whether  
his client would want to proceed with the case if a motion to quash  
were granted, the lawyer said he didn't know because his client was  
mostly focused on finding out who the anonymous detractor is.  So,  
the judge dismissed the case as well as refusing to enforce the  
subpoena.

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

> > > Robert Yule 1/19/2007 1:27 PM >>>
PUBLIC CITIZEN PRESS RELEASE

For Immediate Release:                Contact: Greg Beck (202) 588-7713
Jan. 19, 2007                                               Robert  
Yule (202) 588-7703

Public Citizen Wins Motion to Protect Identity of Anonymous Web Site  
Operator

Massachusetts Real Estate Developer Cannot Unmask Online Critic in  
Arizona Court

WASHINGTON, D.C. - In an affirmation of First Amendment rights on the  
Internet, the Superior Court of Arizona in Maricopa County ruled on  
Thursday against a Massachusetts real estate developer's attempt to  
obtain the identity of the operator of a critical Web site after a  
similar lawsuit had already been dismissed in another state.

The court held that prior to allowing plaintiffs to discover the  
identity of online critics, they must first show that their interest  
outweighs the speakers' constitutional right to anonymous speech. It  
joined a growing national consensus in holding that a plaintiff must  
present evidence of wrongdoing before a speaker's First Amendment  
right to anonymity can be violated.

The case, filed in the Superior Court of Arizona in Maricopa County,  
was the second attempt by plaintiff Paul McMann to obtain a subpoena  
to learn the identity of defendant John Doe, an anonymous Web critic  
who maintains a site about McMann at http://www.paulmcmann.com/. Doe  
created the site after a negative business transaction with McMann  
and invited others to share similar experiences by posting on a  
message board. The site includes a warning about doing business with  
McMann and a list of businesses registered in his name.

Seeking to unveil Doe's identity, McMann sent a subpoena to GoDaddy  
and Domains by Proxy, the companies responsible for registering and  
hosting the Web site. The U.S. District Court for the District of  
Massachusetts in October 2006 dismissed McMann's first attempt to  
learn Doe's identity, finding that he did not have any legitimate  
claim for defamation, invasion of privacy or copyright infringement.  
The Arizona court issued a similar ruling, quashing the subpoena to  
GoDaddy and dismissing the case.
        
"This victory is a win for the First Amendment right of free speech  
on the Internet," said Greg Beck, an attorney for Public Citizen,  
which defended Doe. "The court correctly recognized that people's  
right to speak anonymously online should not be violated without good  
cause."

Phoenix attorney Louis Hoffman of Hoffman & Zur was local counsel for  
Doe.
        
To read the court's decision, visit http://www.citizen.org/documents/ 
mcmannvdoearizopin.pdf.

To read Public Citizen's motion, visit http://www.citizen.org/ 
documents/mcmannmemo.pdf.

Public Citizen has a record of defending the First Amendment rights  
of Internet users. To learn more, visit http://www.citizen.org/ 
litigation/briefs/IntFreeSpch/.

###

Public Citizen is a national, nonprofit consumer advocacy  
organization based in Washington, D.C. For more information, please  
see http://www.citizen.org.



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