
Court: Anonymous
Internet postings not protected in Miami case
By CATHERINE
WILSON AP Business Writer
MIAMI (AP)
_ In a ruling that challenges online anonymity, a Florida appeals court
declared Monday that Internet service providers must divulge the identities
of people who post defamatory messages on the Internet.
Critics of
the ruling say it could have a chilling effect on free expression in Internet
chat rooms.
The ruling
comes against the efforts of the American Civil Liberties Union to protect
the identity of eight individuals who posted anonymous missives on a Yahoo!
financial chat room about Erik Hvide, the former CEO of Hvide Marine Inc.
Hvide alleges
that personal attacks against him also caused damage to the company's
image.
Hvide's attorney
Bruce Fischman hailed the ruling, saying it would force Internet users
to ``think a bit before they speak.''
The ACLU
had wanted the court first to rule on whether Hyde had actually been defamed
before identifying the defendants, named in court papers only as John
Doe. If there was no showing of defamation, the ACLU reasoned, the critics
should remain anonymous.
However,
on Thursday, the court dissolved a stay freezing subpoenas for the records
of Yahoo! Inc. and America Online Inc., whose service was used by one
of the defendants in the defamation case.
Lauren Gelman,
public policy director with the Electronic Frontier Foundation, is concerned
that other courts could follow the lead of the 3rd District Court of Appeals
in approving subpoenas.
``This kind
of speech happens all the time in all kinds of chat rooms,'' Gelman said.
``We don't want to see these subpoenas become regularly used to cause
people to self-censor themselves.''
Both Internet
companies took a back seat in the lawsuit, saying they would do whatever
the judges said.
Lyrissa Lidsky,
who argued the case on behalf of the ACLU, called the decision a surprise
and a setback.
Nevertheless,
she said, ``It's not a defeat for all the other John Does in the pipeline''
fighting Internet-related subpoenas because the court did not explain
its legal reasoning.
An appeal
is being explored.
``The court
had the potential to set an important precedent about the right to speak
anonymously on the Internet,'' Lidsky said. ``The courts are eventually
going to have to come to grips with this issue and decide how broad free
speech rights are in cyberspace.''
The issue
is largely untested in the nation's courts.
A Virginia
federal judge sided with a government subpoena request in a criminal case,
but civil suits in California and Virginia have not settled the subpoena
questions involving anonymous Internet users.
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