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To: allen v.w. who wrote (38102)	10/23/2000 1:57:21 AM
From: allen v.w.	Read Replies (2) of 40688

ISP and Carrier » Nick Farrell 19 Oct 2000 uk.internet.com US court rules against online anonymity Anonymity campaigners in the US have suffered a major blow after a Florida appeal court ruled that ISPs can be compelled by the courts to identify people who post defamatory messages on internet bulletin boards. Former CEO of US company Hvide Marine, Erik Hvide, had asked a court to provide the identities of eight people who criticised both him and his company on a BBS. But the ISP had been temporarily blocked by a court order, pending appeal. The American Civil Liberties Union, ACLU, had asked the court to rule on whether Hvide had actually been libelled before identifying the defendants. The ACLU argued that if there had been no libel, then the critics had a right to remain anonymous. But in a landmark decision, the appeal court said Hvide had a right to know who had been saying what about him and the court was within its rights to demand the ISP hand over the information. New Port Richie lawyer, Nathan Smiles, said the decision changed the rules of the game for internet libel in the US, making it harder for people to hide behind their ISP. "It hasn't reached the same level as in the UK where ISPs have to hand over information or else they'll get sued, but it's a step in that direction and a blow for those who think anonymity is their right under the Constitution," Smiles said. » If you would like to comment on this article email us @ newseditor@uk.internet.com

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