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Appeals
Ct: Hvide Can Probe Online Posters' Identities
NEW YORK
-(Dow Jones)- A Florida appeals court has rejected efforts by anonymous
online posters to shield their identities, in a closely watched "John
Doe" case that drew the involvement of the American Civil Liberties Union.
It also
marks a setback for the ACLU and Internet free speech groups that have
been crusading on behalf of online posters' right to hang on to their
anonymity, which they say has constitutional implications. Because
the Third District Court of Appeals did not offer an oral or written opinion,
and ruled in what was considered an unusual manner by not taking up the
merits of the appeal, free speech advocates viewed it more as a frustration
than as a huge defeat. "The court
ducked it," said Chris Hansen, senior staff attorney at the ACLU, who
worked on the case. "It's hard to get an appeals ruling on a case like
this, it's unfortunate the court refused to give us one. This was an opportunity
to provide clarity and I find it very disappointing we didn't get it."
Bruce Fischman,
Hvide's lawyer, didn't quite see it the same way, concluding that the
court's action indicated that anonymous posters don't "have an elevated
right of protection" under the First Amendment. "Every person
who posts on bulletin boards, who may libel someone, is at risk that their
true identity will be revealed," he said. "The Internet is a society that
is becoming more civilized, and people must use logic and restraint."
The case
stems from a 1999 lawsuit filed by Hvide against eight so-called John
Does, who under the cover of various aliases, such as "justthefactsjack,"
allegedly posted false and defamatory messages. Hvide tried
to unmask the John Does by subpoenaing Yahoo Inc. (YHOO) and America Online
Inc. (AOL) for the information. After defendants in the case got wind
of the lawsuit, they tried to stop Hvide from learning their true names.
A Miami-Dade
circuit court judge, however, rejected their efforts to quash the subpoenas
- which was the only issue in the appeal. When the higher court agreed
to hear arguments on the case, it put the process of identification on
hold. But in disposing of the case Thursday, the court essentially went
back to square one, denying the defendants' petition for review and dissolving
the previously ordered stay. So-called
cyberliberties groups and many academics argue that much of the speech
on message boards is constitutionally protected expression and that procedures
should be in place to keep John Does' actual identities under wraps until
it can be shown that lawsuits are not frivolous. But because
the appeals court didn't touch on the constitutional issues at play, its
precedential value is practically nil, said Lyrissa Barnett Lidsky, who
teaches media law at the University of Florida College of Law and who
helped write the appeals brief. And the ACLU plans to continue raising
the issue whenever it can, Hansen said.
"It's a
setback, but not a full fledged defeat for all potential John Does in
the pipeline," Lidsky said. Hvide Marine
filed for Chapter 11 bankruptcy last September, several months after Hvide
left his post at the family business. The company, which provides vessels
to support operations at offshore oil fields, emerged from bankruptcy
several months later.
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