Press Releases related to Anonymity
Anonymity Preserved for Creator of MySpace 'Spoof' Profiles
Petition Withdrawn After EFF Files Amicus Brief
Cook County, IL - The president of a Chicago suburb has dropped his attempt to obtain the identity of an anonymous MySpace user after the Electronic Frontier Foundation (EFF) filed an amicus brief detailing how the petition violated both the First Amendment and a federal statute that protects the privacy of online users.
In May, Cicero, IL, Town President Larry Dominick asked a Cook County Circuit Court judge to order the disclosure of the identity of the author of two MySpace profiles that allegedly included defamatory comments and unnamed privacy violations. EFF stepped in and asked the judge to reject Dominick's request, arguing that any attempt to unmask the anonymous speaker would violate the author's First Amendment right to remain anonymous unless Dominick could demonstrate a viable legal claim. In addition, the federal Stored Communications Act prohibits government entities such as Dominick -- who brought the petition in his official government capacity -- from obtaining identifying customer information through the ordinary civil discovery process.
"We are grateful that Mr. Dominick has chosen to abandon his misguided attempt to unmask a critic through the use of the legal system," said EFF Senior Staff Attorney Matt Zimmerman. "While litigants may pursue claims against speakers who have truly engaged in defamatory speech, it is not enough -- especially for an elected official -- to walk into court and demand the identity of an anonymous speaker supported with nothing but a vague allegation of wrongdoing."
EFF was assisted in this matter by Charles Mudd, Jr., and Sophie Dye of Mudd Law Offices in Chicago.
For the order dismissing the petition:
http://www.eff.org/files/filenode/dom_v_myspace/2008-06-13%20Order.pdf
For more on anonymity:
http://www.eff.org/issues/anonymity
Contact:
Matt Zimmerman
Senior Staff Attorney
Electronic Frontier Foundation
mattz@eff.org
EFF Asks Judge to Block Unmasking of MySpace User
Battle Over 'Spoof' Profiles Must Not Circumvent First Amendment, Federal Law
Cook County, IL - The Electronic Frontier Foundation (EFF) asked a judge in Illinois Wednesday to reject an attempt to identify an anonymous MySpace user who allegedly posted fake profiles of an Illinois official because the request would violate both the First Amendment and federal statute.
In May, Cicero Town President Larry Dominick asked a Cook County Circuit Court judge to order the disclosure of the identities of the author of two MySpace profiles that allegedly included defamatory comments and unnamed privacy violations. In its amicus brief, however, EFF argues that the petition violates the First Amendment right to remain anonymous until a litigant can demonstrate a viable legal claim.
"The First Amendment protects not only the right to speak but to speak anonymously," said EFF Senior Staff Attorney Matt Zimmerman. "If Mr. Dominick's claims are legitimate, he may be able to obtain the identifying information that he seeks. Until he meets his burden, however -- including, among other things, attempting to notify the author of this court action and identifying the allegedly defamatory statements at issue -- the court should not grant his request. The First Amendment requires courts to guard against attempts to unmask critics who have simply made statements litigants don't like, especially when such requests are made by elected officials."
In addition, federal law also bars Mr. Dominick's request. Passed to protect the communications and records of users of services such as MySpace, the Stored Communications Act categorically prohibits government entities from obtaining identifying customer information through the ordinary civil discovery process.
"Federal law imposes stiff penalties on government entities that violate the privacy of online users without meeting strict requirements," said Zimmerman. "So far, Mr. Dominick -- bringing this action in his official capacity as town president -- hasn't met those standards."
For the full amicus brief:
http://www.eff.org/files/filenode/dom_v_myspace/Motion%20AC%20filed.pdf
For more on this case:
http://www.eff.org/cases/dominick-v-my-space
Contact:
Matt Zimmerman
Senior Staff Attorney
Electronic Frontier Foundation
mattz@eff.org
EFF Protects Free Speech Rights for New Jersey Blogger
Judge Quashes Bogus Subpoena for Critic's Identity
Manalapan, NJ - A Superior Court judge in New Jersey quashed a bogus subpoena for the identity of an anonymous blogger Friday, protecting the free speech rights of a critic writing about a local government controversy.
The Electronic Frontier Foundation (EFF) represented the anonymous blogger, known as "daTruthSquad," on a site hosted by Google's Blogspot service. After the blogger strongly criticized a malpractice lawsuit filed by the township of Manalapan against its former city attorney, the township subpoenaed Google for "daTruthSquad's" identity, as well as for any emails, blog drafts, and other information Google had about the blogger. In a hearing Friday, Superior Court Judge Terence Flynn quashed the subpoena, ruling that the blogger had a First Amendment to anonymous speech.
"We're grateful that Judge Flynn upheld the First Amendment rights of our client and recognized that anonymous speakers should not be intimidated into silence through the discovery process," said EFF Staff Attorney Matt Zimmerman. "Now 'daTruthSquad' can continue to discuss township business without fear of government reprisal."
For more on this case:
http://www.eff.org/cases/manalapan-v-moskovitz
Contact:
Matt Zimmerman
Staff Attorney
Electronic Frontier Foundation
mattz@eff.org
Friday Court Fight Over Blogger's Free Speech Rights
EFF Defends Anonymous Critic in New Jersey Lawsuit
Freehold, NJ - On Friday, December 21, at 10:30 a.m. ET, the Electronic Frontier Foundation (EFF) will urge a Superior Court judge in New Jersey to preserve the free speech rights of an anonymous blogger facing legal threats from local government officials.
The blogger, writing as "daTruthSquad" on a site hosted on Google's Blogspot service, has strongly criticized a controversial malpractice lawsuit filed by the township of Manalapan against its former city attorney. Despite having no evidence to back up its accusation that the blogger is actually the former attorney in the case, the township has subpoenaed Google for "daTruthSquad's" identity, as well as for any emails, blog drafts, and other information Google has about the blogger.
Anonymous communications have an important place in our political and social discourse, and the Supreme Court has ruled repeatedly that the right to anonymous free speech is protected by the First Amendment. In Friday's hearing, EFF will ask the judge to block the township's subpoena and allow "daTruthSquad" to continue to write about this or any other issue without being forced to identify him or herself.
WHAT:
Manalapan v. Moskovitz
WHEN:
10:30 a.m., Eastern Time
Friday, December 21
WHERE:
Monmouth County Courthouse
Courtroom 226-S
71 Monument Park
Freehold, NJ
Blogger Fights for Free Speech in New Jersey
EFF Defends Critic from Local Government's Heavy-Handed Tactics
Manalapan, NJ - The Electronic Frontier Foundation (EFF) asked a Superior Court judge in New Jersey today to preserve the free speech rights of an anonymous blogger facing legal threats from local government officials.
The blogger, writing as "daTruthSquad" on a site hosted on Google's Blogspot service, has criticized a controversial lawsuit filed by the township of Manalapan, as well as the officials who decided to pursue the case. The township subpoenaed Google for "daTruthSquad's" identity -- as well as for any emails, blog drafts, and other information Google has about the blogger -- claiming that the defendant in the case is actually writing the posts. The defendant, however, has already sworn under penalty of perjury that he is not "daTruthSquad."
"Bloggers, as well as everyone else, have a First Amendment right to speak anonymously," said EFF Staff Attorney Matt Zimmerman. "Litigants don't get a blank check to pry into the private lives of critics when they say things the litigants don't like. The fact that it is the government trying to abuse the discovery process makes this attempted invasion of privacy all the more repugnant."
In a motion to quash the subpoena filed today, EFF asked the court to block the township's attempt to uncover the identity of "daTruthSquad" and allow the blogger to continue to write about this or any other issue without being forced to identity him or herself.
"Attempts to intimidate critics into silence need to be confronted whenever and wherever they occur," said Zimmerman. "Governmental entities simply cannot be permitted to investigate critics because they dare to voice disapproval of public officials. It remains our sincere hope that the Township will abandon this intolerable legal strategy."
For the full motion to quash:
http://www.eff.org/files/filenode/manalapan/motiontoquashmpa-signed.pdf
For more on this case:
http://www.eff.org/cases/manalapan-v-moskovitz
Contacts:
Matt Zimmerman
Staff Attorney
Electronic Frontier Foundation
mattz@eff.org
Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org
Pro-Consumer Privacy Bill Gets a Hearing
EFF Backs California Senate Bill Protecting Anonymous Speech Online
San Francisco and Berkeley, CA - Your employer just laid off 300 of your colleagues without notice and without severance pay. So you go online and post an angry, anonymous comment about it on a Yahoo! message board. Although you could lose your job if your boss discovered what you
