Stay Connected:
Sign up for the Florida Law Review Mailing List
eReader Ready:
Current Issue
Jan. 2013, Vol. 65, No. 1
Articles
David Haddock, Tonja Jacobi, & Matthew Sag, League Structure &Stadium Rent Seeking— the Role of Antitrust Revisited
Steven J. Cleveland, Resurrecting Deference to the Securities and Exchange Commission: Mark Cuban Trading on Inside information
Janai S. Nelson, The First Amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
Sergio J. Campos, Erie as a Choice of Enforcement Defaults
Hanah Metchis Volokh, Constitutional Authority Statements in Congress
Sapna Kumar, The Accidental Agency?
Christian Turner, State Action Problems
Filed In: Computer & Internet Law, First Amendment, Media Law, Tort Law, Uncategorized
Tags: AK47, Anonymous Gossip Websites, AT&T, defamation, first amendment, Internet and Computer Law, Internet Service Provider, offensive false comments, Privacy, Roommates.com, Skyler Mcdonald, subpoena for inormation




Skyler McDonald, Defamation in the Internet Age: Why Roommates.com Isn’t Enough to Change the Rules for Anonymous Gossip Websites
62 Fla. L. Rev. 259 (2010) |
|
|
|
INTRODUCTION :: Everyone “Googles” his or her own name once in a while. Imagine that a young woman looks herself up on the Internet one day, and finds that a person she does not know is posting offensive, false comments about her. These posts say that she enjoys having sex with family members, fantasizes about being raped by her parent, that she has a sexually transmitted disease and abuses heroin. That is precisely what happened to a female student at Yale Law School over many months. These and many other messages about this student were posted on the website AutoAdmit.com. Even after the woman filed her lawsuit, one particularly vicious poster, with the user name AK47, wrote that she “should be raped.” The plaintiff sent AT&T, the Internet Service Provider (ISP), a subpoena for information relating to the identity of the posters. The court granted the woman’s motion to engage in limited discovery, but AK47 (John Doe 21) filed a motion to quash the subpoena. He claimed that the subpoena violated his First Amendment rights.