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8/31/08, 7:48 PM   #1
Could This Happen Here?
Joe Kidd
Posts: n/a
 

Attorney free to seek IDs of forum users

By Shawn McGrath


ANDERSON — A judge determined Friday that an Anderson attorney is free to subpoena a West Coast company’s records about an anonymous Internet forum as part of a libel lawsuit against a pair of its posters.
 
8/31/08, 7:53 PM   #2
Re: Could This Happen Here?
Dwight Clock
Dwight Clock is offline
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Join Date: Jul 2007
Posts: 1,233
 

Quote:
Originally Posted by Joe Kidd View Post
Attorney free to seek IDs of forum users

By Shawn McGrath


ANDERSON — A judge determined Friday that an Anderson attorney is free to subpoena a West Coast company’s records about an anonymous Internet forum as part of a libel lawsuit against a pair of its posters.
I'm sure that it could. But if you use common sense when you post, as you and the majority of others do here, you have nothing to worry about. It amounts to accountability for your actions. Something that has been lacking in many areas of society for some time.
 
9/1/08, 8:47 PM   #3
Re: Could This Happen Here?
bigmojo5
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It happens exactly the same way as when a judge issues a court order for a news reporter to produce his notes. It's also why some reporters wind up being jailed for contempt of court for refusing the order.
The old belief that a news reporter does not have to reveal his source has no constitutional basis, although some states have passed laws to provide some type of shield.

The use of the internet is new ground for the courts and current beliefs in usage and the rights of users will be defined and redefined of the next couple of decades. I believe the case cited could ultimately wind up in a much higher court for a groundbreaking decision.

To answer your question, I think it can happen here but most likely won't.

Jim Morrison
 
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