U.S. Internet defamation suit tests online anonymity

[R.A. Hettinga]

<http://www.reuters.com/articlePrint?articleId=USN1529267420070616>

Reuters

U.S. Internet defamation suit tests online anonymity

Sat Jun 16, 2007 9:25AM EDT

By Jason Szep

BOSTON (Reuters) - It bills itself as the world's "most prestigious college
discussion board," giving a glimpse into law school admissions policies,
post-graduate social networking and the hiring practices of major law firms.

But the AudoAdmit site, widely used by law students for information on
schools and firms, is also known as a venue for racist and sexist remarks
and career-damaging rumors.

Now it's at the heart of a defamation lawsuit that legal experts say could
test the anonymity of the Internet.

After facing lewd comments and threats by posters, two women at Yale Law
School filed a suit on June 8 in U.S. District Court in New Haven,
Connecticut, that includes subpoenas for 28 anonymous users of the site,
which has generated more than 7 million posts since 2004.

According to court documents, a user on the site named "STANFORDtroll"
began a thread in 2005 seeking to warn Yale students about one of the women
in the suit, entitled "Stupid Bitch to Enter Yale Law." Another threatened
to rape and sodomize her, the documents said.

The plaintiff, a respected Stanford University graduate identified only as
"Doe I" in the lawsuit, learned of the Internet attack in the summer of
2005 before moving to Yale in Connecticut. The posts gradually became more
menacing.

Some posts made false claims about her academic record and urged users to
warn law firms, or accused her of bribing Yale officials to gain admission
and of forming a lesbian relationship with a Yale administrator, the court
papers said.

The plaintiff said she believes the harassing remarks, which lasted nearly
two years, cost her an important summer internship. After interviewing with
16 firms, she received only four call-backs and ultimately had zero offers
-- a result considered unusual given her qualifications.

Another woman, identified as Doe II, endured similar attacks. The two, who
say they suffered substantial "psychological and economic injury," also
sued a former manager of the site because he refused to remove disparaging
messages. The manager had cited free-speech protections.

LIFTING THE MASK

"The harassment they were subjected to was quite grotesque," said Brian
Leiter, a professor at University of Texas Law School. "Any judge who looks
at this is going to be really shocked, and particularly shocked because
these appear to be law students."

The suit is being watched closely to see if the posters are unmasked, a
step that could make anonymous chat room users more circumspect. It also
underlines the growing difficulty of protecting reputations online as the
Web is used increasingly to screen prospective employees and romantic
partners.

"They can't hide behind anonymity while they are saying these scurrilous
and menacing things," said Eugene Volokh, a professor of law at the
University of California, Los Angeles.

He said the site was not liable under federal protections that are more
lenient on Web sites than TV and newspapers. Prosecuting the manager could
also be difficult because he did not write the posts, Volokh added. But the
anonymous posters look liable and their careers could be jeopardized, he
said.

"This ought to be a warning to be people that if you say things that are
not just rude but arguably libelous and potentially threatening and perhaps
actionable on those grounds then their identity might be unmasked," he said.

Finding and identifying the posters -- including one called "The Ayatollah
of Rock-n-Rollah" -- could be tough but is not impossible. The process
involves subpoenas issued to Internet Service Providers for records, and
then more subpoenas to companies, institutions or people identified on
those records.

"I've said in my blog the most vile posters on that board are two subpoenas
away from being outed," said Leiter. "This led to much amusement by the
anonymous posters on the board.

"But they are about to find out that this is how it works."
-- 
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R. A. Hettinga <mailto: rah at ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'