A recent New York Supreme Court ruling has required Google to reveal the IP address and email address of an anonymous blogger charged with Internet defamation. The case involved anonymous Blogger.com postings about New York resident Liskula Cohen, a Canadian-born model who has appeared in popular fashion magazines. Cohen’s attorney alleges that the postings constitute online defamation and he requested that any information in the hands of Google identifying the anonymous blogger be turned over to the Plaintiff’s counsel.
Google has complied with the court’s order in this Internet defamation case. On Tuesday evening, Google submitted the IP address and email address of the anonymous blogger to the Plaintiff’s counsel. Cohen’s attorney says that they will use this information to file suit against the blogger, whom they suspect is an acquaintance of Cohen. This order is the first of its kind in New York concerning Internet defamation. Courts in other states, such as Virginia, have requested the production of email and IP addresses in online defamation lawsuits.
Many of our clients ask us whether they should sue for defamation. If you have been the subject of Internet defamation, slander, or libel, please contact an attorney that is well-versed in online defamation law. An Internet law attorney can help you protect your reputation online and will aid you in removing defamatory postings.
I Have personally seen the discovery as handed over by Google. In my opinion, and based on other discovery we have obtained for different cases, Google was holding back And playing word games with respect to the wording of the order handed down by the New York Judge.
Ms. Cohen was able to identify her antagonist because the e-mail address. If that had been a disposable address used expressly for the purpose of the blog I would say the case would have run aground. It took so long to get information from Google that the evidence that would have otherwise been relied upon would have perished. This is because the Internet service providers the blogger had used would have cleared out the IP logs within six or 12 months. Today the Google handed over the information was only two days shy of 12 month anniversary of the blog.
In many cases horrible problems have been avoided for the community as a result of anonymous blogging. This includes whistleblowing for white-collar criminals, community awareness when sexual predators move into the neighborhood, and many other alerts that are of great community benefit.
Benefits notwithstanding, you can't make an omelette without breaking eggs and anonymous free speech on the Internet is one such omlette. There is no such thing as free speech, there is always a cost. Sometimes that cost is acceptable, moreover desirable, particularly in the case of positive community awareness. But often their many false and deceptive rumors, and libelous attacks are motivated only by hatred and vindictive antisocial promptings. More often than not, these serial cyber defamers have some type of antisocial personality disorder. They have nothing better to do than hurt other people, in fact they are actually fueled by other people's pain. Normal people like 97% of the readers of my comment cannot begin to relate to how these people think. Stop for a moment and imagine not having a conscience..... is simply impossible.
A concerted, focused and malicious Internet smear campaign can be as devastating for a person that relies on his or her reputation for employment as a fire can be for a farmer who loses his fields, barns, and livestock.
Respectfully submitted by Michael Roberts. Internet libel victim's advocate
www.Rexxfield.com
Posted by: Michael Roberts Internet Libel Litigation Support & Investigator | August 29, 2009 at 07:07 AM