
Published
Tuesday, October 17, 2000, in the Miami Herald
Internet ID must
be revealed
Appeals
court rules in Hvide Marine case
BY JOHN DORSCHNER
jdorschner@herald.com
In a case
that both sides acknowledge has ``novel issues of national importance,''
a South Florida appellate court has endorsed a lower court ruling that
people posting messages on the Internet have no right to anonymity.
``This is
a major step in civilizing the Internet,'' gloated Bruce D. Fischman,
who represents Erik Hvide, a former chief executive of Hvide Marine in
Fort Lauderdale. He is suing ``John Does,'' who used such screen names
as Justthefactsjack, for allegedly making defamatory statements about
him.
``If all
anonymity is removed from the Internet, we are going to end up significantly
stifling conversation,'' said Christopher A. Hansen, a lawyer with the
American Civic Liberties Union who helps represent the John Does in the
case.
Though there
are now more than 100 John Doe anonymity cases winding their way through
the nation's courts, the Hvide case has been written up in newspapers
from San Francisco to Boston, at least partly because the American Civic
Liberties Union has picked it to make a stand about freedom on the Internet.
``They have
gotten smacked down twice on this,'' Fischman gloated. ``This means people
are responsible for comments they make on the Internet. In my opinion,
it adds stability to the Internet.''
``This was
a big deal because it would have been the first time that an appellate
court would have been discussing the rights of these John Doe defendants,''
said Christopher K. Leigh, a Fort Lauderdale attorney who represents the
still-anonymous defendants in the Hvide case.
Lyrissa
Lidsky, a law professor at the University of Florida who had worked with
the ACLU on the case, said, ``We thought this might be the case for an
appellate court to set a historic precedent about the First Amendment
in cyberspace.''
Leigh and
the ACLU had asked the three-judge panel of the Third District Court of
Appeals to overturn a May decision by Miami-Dade Circuit Court Judge Eleanor
Schockett ordering Yahoo and AOL to reveal John Doe's identity. ``Give
them anonymity and nothing holds them back,'' she explained. ``That's
why the Ku Klux Klan wears hoods.''
In its ruling,
the appellate court simply refused to review Shockett's decision.
``The Third
DCA punted,'' Leigh said.
``It doesn't
set a precedent outside this case,'' Lidsky said. ``They issued no written
opinion.''
The case
is one of many in which large corporations and top executives are suing
to discover the identity of their critics on the Internet. In Hvide's
case, it is alleged that the anonymous postings caused the stock price
to fall and the board of directors to fire him.
``That's
nonsense,'' said Hansen of the ACLU. ``The idea that a board of directors
would take seriously anonymous postings on an Internet chat board -- it
just doesn't make sense to me. Anybody knows you take these chat boards
with a grain of salt. These are water cooler conversations.''
What happens,
Hansen said, is that angry executives hire lawyers to file barebones lawsuits
and then send subpoenas to websites like Yahoo, which generally reveal
identities without a fight.
Leigh called
this a ``very pernicious practice'' of silencing critics. ``The Internet
has a great leveling effect, and some of these corporations are scared
by the truth. . . . In many of these cases, they find out
the identity of the John Doe and then they drop the lawsuit.''
The ACLU
would like to see the courts require some evidence of genuine legal harm
before a person's anonymity is broken. ``A lot of these complaints would
be thrown out of court if anyone bothered to look a them,'' Hansen said.
At least
a half-dozen John Doe suits involve other South Florida companies. In
one, AnswerThink, a Coral Gables consulting firm, learned through a subpoena
that a contract employee was posting nasty messages about the company
on a Yahoo board. The company fired him shortly before he was to receive
an $896,000 fee, according to allegations in court documents.
In the Hvide
case, it is expected that Yahoo will reveal the identity or identities
behind the screen names within a few days.
``The message
from the Third District is that you don't automatically say what you think,''
said Fischman, speaking by telephone from Harvard shortly before he spoke
on a panel about the subject of anonymity and the Web.
``If it
violates people's rights, if it's defamatory, you have to realize you
might end up in court. This is not chilling free speech, but being more
responsible.''
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