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Do you have a right to anonymity?
https://gladerebooted.net/viewtopic.php?f=8&t=2994		 Page 1 of 1
Author:  Aizle [ Thu May 20, 2010 10:28 am ]
Post subject:  Do you have a right to anonymity?
http://www.wired.com/threatlevel/2010/0 ... -subpoena/

Quote:
An anonymous blogger critical of Pennsylvania Attorney General Tom Corbett plans to challenge a grand jury subpoena ordering Twitter to reveal the blogger’s identity.

“It doesn’t really matter why we are criticizing him,” said ”Signor Ferrari,” one of the two Twitter users targeted in the subpoena from Corbett, who won the Republican gubernatorial primary Tuesday. ”It’s our First Amendment right to criticize him no matter who we are,” said Signor Ferrar said in a telephone interview Wednesday. He uses that pen name on the CasablancaPA blog.

The bloggers received an e-mail from Twitter on Tuesday evening saying the micro-blogging service would respond to the subpoena (.pdf) in a week “unless we receive notice from you that a motion to quash the subpoena has been filed or that this matter has been otherwise resolved.”

The subpoena follows a string of similar efforts to unmask anonymous writers, with mixed results. A Louisiana politician dropped a defamation suit Tuesday against 11 anonymous commenters on The Times-Picayune website after the outlet refused to release their identities. In August, however, Google unmasked the operator of the “Skanks in NYC” blog after being subpoenaed by an Australian model who claimed the site defamed her. And on Monday, a federal judge prevented Yahoo from revealing the identity of a message-board poster critical of USA Technologies.

While those efforts involved civil subpoenas, Corbett is apparently treating his online critics as potential criminals, using his power as the state’s top law enforcement official to issue a grand jury subpoena. The subpoena does not state what kind of crime the grand jury is investigating.

The subpoena to Twitter was dated May 6 and required Twitter to respond by May 14 with all identifying information it has on the Twitter accounts of bfbarbie andCasablancaPA, which is also Signor Ferrari’s handle on Twitter. The deadline had been extended, Signor Ferrari said.

“We have a constitutionally protected right to speak anonymously,” Signor Ferarri said.


Interesting question. Is there a right to anonymity in this kind of situation?
Author:  Hopwin [ Thu May 20, 2010 10:30 am ]
Post subject: 
Not if your comments consitute slander or libel I would say.
Author:  Rynar [ Thu May 20, 2010 10:47 am ]
Post subject:  Re:
Hopwin wrote:
Not if your comments consitute slander or libel I would say.


This.
Author:  DFK! [ Thu May 20, 2010 3:40 pm ]
Post subject:  Re: Re:
Rynar wrote:
Hopwin wrote:
Not if your comments consitute slander or libel I would say.


This.


Indeed, though how does one determine slander or libel without compromising the anonymity of the individual, since they must appear in court?

Perhaps placement of a clause in the user agreement that indicates the site operator can either make their own determination of slander/libel, or that they will bring in a 3rd party to make that determination without the representation of the poster?
Author:  Rynar [ Thu May 20, 2010 5:30 pm ]
Post subject:  Re: Do you have a right to anonymity?
You don't have the right to anonymity (privacy) in public. The internet is public. Subpoena the information from your IP provider.
Author:  Micheal [ Thu May 20, 2010 5:35 pm ]
Post subject: 
No, the right to free speech does not equate to anonymous speech, nor does it protect you from consequences should your speech be slanderous or your writings libelous.

Barring legally recognized attorney client privilege, there is no barrier to revealing the source of any statement that will hold up in court. Many journalists have served time rather than reveal their sources, and that is their payment for their civil disobedience, however noble and justified they may feel in taking that stand.

Constitutionally, I doubt the Twitter jockey will like the protection that doesn't exist for his misunderstanding of his rights while trying to be an anonymous Internet source.
Author:  Wwen [ Fri May 21, 2010 1:19 am ]
Post subject:  Re: Re:
Rynar wrote:
Hopwin wrote:
Not if your comments consitute slander or libel I would say.


This.


Seems right. Of course an anon person has no credibility, and I would think that would make it less important. Well, not to me anyway.
Author:  Rynar [ Fri May 21, 2010 1:25 am ]
Post subject:  Re: Re:
Wwen wrote:
Rynar wrote:
Hopwin wrote:
Not if your comments consitute slander or libel I would say.


This.


Seems right. Of course an anon person has no credibility, and I would think that would make it less important. Well, not to me anyway.


In the age of the int3rw3bz things can be seen by millions in minutes, and the damage is not undoable once done.
Author:  Kaffis Mark V [ Fri May 21, 2010 3:57 pm ]
Post subject: 
I'm going with no. Your arrangements to remain anonymous go as far as your contract with the ISP or service, which has no legal grounds or precedence to defy subpoenas in a criminal or duly court-ordered civil legal proceeding.
Author:  Müs [ Sat May 22, 2010 12:16 pm ]
Post subject: 
Quote:
Pennsylvania Attorney General Tom Corbett


Is a douchebag.
Author:  Rorinthas [ Sat May 22, 2010 11:22 pm ]
Post subject:  Re: Do you have a right to anonymity?
Privacy yes, Total Anonymity from legal challenges, No
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