Recent legal decisions cast a question mark over internet anonymity and your freedom from liability.  People who thought they were safe with their rants in cyberspace are feeling the wrath of their victims who are dragging them into the courtroom.

   “Can’t happen,” you say, well it can and is. Even that SOB who screwed up your credit is getting caught in his own web. You know, that “Russian” guy who was selling your credit card number on the web and had set up his own version of Pay Pal to handle the buy-sell aspect. He is presently cooling his heels in France on his way to extradition into the hands of Uncle Sammy. But enough with the cops and rubbers, I mean robbers, let’s get back to freedom of speech cases.

  So you think you can call someone an idiot on the internet and there will be no consequences? Or write a review of a local restaurant that you say serves “shitty food, and that the meat balls were made in the toilet?” Or call a car dealership “a crap house selling defective cars.” Or point out that a provider has bad breath and gives lousy BJ’s? Or lay claim that you were assaulted by an escort you did not fancy when you refused to enter her apartment thereby breaching the oral contract, and then you slam her back for ever after on hobbyist sites?  Can any of these people come after you when the only name they know is your identity of “cookieplunger”?  ...and you feel so safe and private in your bedroom at 4 a.m. with one finger on your computer keyboard and the other hand on your private musing.

  Well Bucko, the times “they be a’chang’in.” With a court ordered search of you favorite internet site, your identity can easily be constructed, and with your name now known, any legal suit can proceed, and you might find yourself in an expensive court action where Ronald McPluck is suing you and claiming his sale of fried Faux Duck Turd has so plummeted that he has had to close his 2 million dollar fast food slop center and maybe you can pony up a good part of his loss since you were the one who pointed out to the entire nation that the Faux Turdballs tasted like real duck Turdballs. There goes the house, the savings and maybe even junior’s college fund.

  Of course, the defense to most charges of defamation is the truth; if the Faux Duck Turd does taste like real turd, then you should be off the hook. However, while having a good defense may mean you are holding the high card in a court case, it does not mean you can avoid going to court. You can be right and still loose. You can be right and still bankrupt yourself paying for your defense. Look at our man about town, the ex-gov of Illinois, Blogo; he beat all but one of 23 charges, spent over 2 million doing so, and now that he is out of mulla, the feds will bring him back to court and start all over again and he ain’t go no more mulla left! The poor son of a bitch can’t even afford a hair cut! Last seen he was crew cut like Obama.

  In your case, it might just might turn out that the judge likes the Faux Turdballs, or no one else thinks Sally Husky, whose income has dropped to next to nada, gives bad BJ’s or the local Carkiller car lot has a lot of friends or that escort with the heavy hands also has had her hands on the judge’s penal record. Not possible? Believe me it is possible; truth and justice are not frequently the shout-outs in the hall of just-ass.


  The basic idea is do not pull the tiger’s tail. Or as Croce used to sing, “You don’t mess around with Slim.” When you have a negative comment, preface it with the statement that “this is my opinion”.  

  Think about what you are saying. Is it offensive? Can it result in economic damages or loss to someone? Is your rant well founded or bad spirited? Should you wait a bit before hitting that send button?

  Avoid hyperbole, i.e. “she had the worse tongue in the state” instead say, “although I was awaiting a rousing rendition of “Thar’ she blows.” I ended up getting bitten by her snaggle tooth.”

 And if you cannot prove an assault, since you never filed a police report, and you know your comments caused the provider to leave town and damn near go out of business, what ever that business was, then maybe the internet is the wrong place to vent your spleen?

Don’t say “all the cars are defective three thousand pound shit bags.” Just say, “Shit, it turns out the vehicle I had chosen was defective.”

  And for God’s sake, “do not say the Judge’s mother was a whore."  
If you have to say something just say, “I once had an intimate sexual relationship with old women who would comment when I paid her for her services,
     “Thanks Honey, this money will get my son through law school.”


Sources:

See NY Times.com article on Internet Crime Aug 23, 2010 ... MOSCOW —“On the Internet, he was known as BadB,”

Los Angeles Times, August 23, 2010, “Online rants can turn costly,” page 1,
with info on Hal Turner rightwing blogger facing prison for posting comment that 3 Chicago judges should be killed;

Western Penn  township official’s suit called a jerk who pocketed city funds and whose car dealership sold junk;

North Carolina county official suing anonymous blogger who called him a slumlord;

U S 9th Circuit Appeals upholds order to disclose identity of internet smears; Quixtar (previously called Amway) suit

Also legal opinions of various Law professors




-- Modified on 8/28/2010 1:09:50 PM

-- Modified on 8/28/2010 1:10:51 PM