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8/31/08, 7:48 PM |
#1
Could This Happen Here?
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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. |
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8/31/08, 7:53 PM |
#2
Re: Could This Happen Here?
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Senior Member
Join Date: Jul 2007 Posts: 1,233 |
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9/1/08, 8:47 PM |
#3
Re: Could This Happen Here?
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Posts: n/a
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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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