Should your name be outed? | The Boneyard

Should your name be outed?

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The real names of anonymous online commenters are sought in Idaho lawsuit.

For a serious case (eg, murder), I'd agree that the names should be revealed.

But libel from a newspaper comments section?
If that's the case, then I look forward to DNA testing to find out who wrote "for a good time call XXX" on the bathroom wall.
 

HuskyNan

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What a can of worms that would open, huh? Why, JS, I could get an anonymous handle using your name and start posting all kinds of crazy stuff on the Internet. One shudders to imagine the results.
 
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I don't think any poster should have an "expectation of privacy". That is, the newspaper (or Forum) should not have to make extraordinary efforts to protect the identity of the poster - especially if the post contains allegations of illegal conduct.

PS: I'm not a fan of anonymous posting (obviously) - It encourages rude behavior. YMMV
 

easttexastrash

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I don't think any poster should have an "expectation of privacy". That is, the newspaper (or Forum) should not have to make extraordinary efforts to protect the identity of the poster - especially if the post contains allegations of illegal conduct.

PS: I'm not a fan of anonymous posting (obviously) - It encourages rude behavior. YMMV

Rude behavior??? I have never seen that. ;)

I like the concept of knowing how is saying things about you online. This seems to be the only forum where you can say whatever you want with very little accountability. If this poster accused Jacobson of stealing money then the poster should be identified and held accountable, IMO.
 
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For a serious case (eg, murder), I'd agree that the names should be revealed.

But libel from a newspaper comments section?
If that's the case, then I look forward to DNA testing to find out who wrote "for a good time call XXX" on the bathroom wall.

Not for nothing, but that's some DNA I do NOT want to touch.
 

VAMike23

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JS's nickname around the office is "Sic," loosely translated = Just So

:cool:

One mystery solved! lol

.
.
 

JS

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Why, JS, I could get an anonymous handle using your name and start posting all kinds of crazy stuff
Some think I've been there, done that.

But you're right. One of the things one would start running into with a favorable ruling is a proliferation of fake real names, throwaway email addresses and posts coming from Starbucks.

One of the other things you'd run into in this particular case, BTW, is a probable assertion of the public figures exception to the libel laws.

In general, the question is a tough one, and a hard and fast rule is probably not the answer.

Jefferson, Adams and Franklin all wrote anonymous letters to the newspapers for which, if identified, they'd have been hung and not just sued. Important free speech on public matters, or perhaps in whistleblower situations, may sometimes only be assured with anonymity.

On the other hand, if someone anonymously writes malicious, false stuff about another individual, why should he be protected any more than if he signed his name to it? Maybe the fact that people take anonymous rantings with a grain of salt is relevant, at least to the question of damages.

Will be most interested in where this area of the law goes.
 

arty155

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I don't think any poster should have an "expectation of privacy"... PS: I'm not a fan of anonymous posting (obviously)...
Here, here! And on behalf of all Mars, may I also express our complements on your photo, Mr. Grant! :)
 
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But you're right. One of the things one would start running into with a favorable ruling is a proliferation of fake real names, throwaway email addresses and posts coming from Starbucks.

Or, sites requiring you log in via Facebook - which requires real names. A unique position that FB has staked out.
 

HuskyNan

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Or, sites requiring you log in via Facebook - which requires real names. A unique position that FB has staked out.
You can still get a fake account on Facebook. I could go down to the library and get a vowelguy account today. I just need to set up a gmail or yahoo account to do it.
 
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You can still get a fake account on Facebook. I could go down to the library and get a vowelguy account today. I just need to set up a gmail or yahoo account to do it.

Are you sure about that?
It was my understanding that FB takes steps to verify a person's identity. That's why there's a lag between when you apply to FB and when you're granted access.

Obviously not perfect, but I've often heard news commentators talk about FB's use of "real names" as a critical factor in its launch and its differentiation in the market.
 

HuskyNan

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Are you sure about that?
It was my understanding that FB takes steps to verify a person's identity. That's why there's a lag between when you apply to FB and when you're granted access.

Obviously not perfect, but I've often heard news commentators talk about FB's use of "real names" as a critical factor in its launch and its differentiation in the market.
I would think you'd need to sign up as a real person, for example, if I wanted to make trouble for JS I could probably set up an account in his name as I know where he lives, works, etc. But, I could be wrong.
 

VAMike23

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Two questions: Did you spell check that? And how did you know?

'Twas elementary, my dear Sic! Your sharp editorial pen gave it away.... And attorney types love Latin.
 

JS

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I would think you'd need to sign up as a real person, for example, if I wanted to make trouble for JS I could probably set up an account in his name as I know where he lives, works, etc. But, I could be wrong.
You make enough trouble for me as it is.

A little looking indicates Facebook indeed says it requires real names, and can kick you off if they find out you're using a fake one, but it doesn't verify "real" names as a matter of course. That's why they have a procedure for reporting fake accounts pretending to be somebody else.

Facebook did recently roll out a verification program, involving e.g. submission of photo ID, for celebrities -- particularly those with large followings -- wishing to use other than their real names. Thus Lady Gaga, once verified as Stefani Germanotta, doesn't have to post under her actual name.
 

Kibitzer

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One of the other things you'd run into in this particular case, BTW, is a probable assertion of the public figures exception to the libel laws.

Jefferson, Adams and Franklin all wrote anonymous letters to the newspapers for which, if identified, they'd have been hung and not just sued.

For punishment, they might even have been hanged.
 

pap49cba

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For punishment, they might even have been hanged.
Kib, you just brought back fond memories of my 7th grade English teacher, Mrs. McGee. One of her ditties was, "Curtains are hung, people are hanged".
 

Aluminny69

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I don't think any poster should have an "expectation of privacy". That is, the newspaper (or Forum) should not have to make extraordinary efforts to protect the identity of the poster - especially if the post contains allegations of illegal conduct.

PS: I'm not a fan of anonymous posting (obviously) - It encourages rude behavior. YMMV
Well, color me dubious, Jim, but I don't believe your avatar is a picture of you...
 

Aluminny69

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Kib, you just brought back fond memories of my 7th grade English teacher, Mrs. McGee. One of her ditties was, "Curtains are hung, people are hanged".
Well, some people are well hung, but that's an entirely different meaning...
 

meyers7

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If that's the case, then I look forward to DNA testing to find out who wrote "for a good time call XXX" on the bathroom wall.
Tommy Tutone?
 

Ozzie Nelson

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Kib, you just brought back fond memories of my 7th grade English teacher, Mrs. McGee. One of her ditties was, "Curtains are hung, people are hanged".

I think "hung" has been used at times for "persons".
 
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