MEALEY'S
Cyber
Tech Litigation Report
Volume
2, Issue #4
June 2000
Miami
Judge Orders
AOL,
Yahoo To Identify
Defamation
Defendants
MIAMI - A
Florida state court judge on May 25 ordered American Online and Yahoo
to identify a user named as a “John Doe” defendant in a Fort Lauderdale
businessman’s defamation lawsuit (J. Erik Hvide v. “John Does 1-8,” et
al., No. 99-22831-CA01, Fla. Cir., Miami-Dade Co.). The rulings by Miami-Dade
County Circuit Court Judge Eleanor Schockett came on motions by J. Erik
Hvide, former chairman of Hvide Marine, a maritime transportation company,
who sued over the content of messages on AOL and Yahoo traced to an AOL
subscriber. Judge Schockett rejected privacy arguments by the anonymous
defendant, finding that Hvide has a right to identify and depose the defendant.
Miami Herald reporter Chris Gaither, who was in the courtroom during the
hearing, quoted Judge Schockett as saying that “anonymity encourages irresponsibility.”
Gaither said the judge told counsel that Hvide’s right to confront the
unidentified message-poster outweighs the “John Doe” defendant’s right
to anonymity. The judge has stayed her orders until June 30 to give the
defendant time to appeal. Hvide is represented by Bruce D. Fischman of
Fischman, Harvey & Dutton in Miami. Christopher K. Leigh of English, McCaughan
& O’Bryan in Fort Lauderdale, Fla., represents defendant “Doe.”
|