Re: 2/2-10/05 - [UCSY] Gary Kendra: The Anonymous Cybersmear - Part I/II
The Anonymous Cybersmear - Part I
by Gary Kendra at 02:55PM (EST) on February 2, 2005 | Permanent Link | Cosmos
This podcast looks at the problems facing corporate executives victimized by cybersmear, the practice of anonymous message board postings and emails that harass and vilify someone, often under the guise of protected First Amendment speech.
To listen click the .mp3 attachment to this posting. If you would like to automatically recieve future podcasts of Adventures in Cyberlaw, point your iPodder software at our podcasting category RSS feed, and our new content will be automatically loaded to your mp3 device.
For examples of cybersmear, take a look at postings of companies on message boards of Yahoo or Raging Bull. Plug in the ticker symbor for just about any company that has undergone large losses or wild fluctations in its stock price.
Mentioned in the podcast is the story of Cybersmear victim Michael Zwebner in law.com's "Executive Faces Uphill Battle in His Suits Over Anonymous Web Attacks".
For a good summary of cases regarding subpoenas and discovery of anonymous posters, see Martin Sampson’s "Internet Law Library".
Altough a little dated, Peter Pizzi's "Grappling with CYBERSMEAR" is a worthwhile read as well.
Finally, RRDonnelly has some good analysis on the pros and cons of going after message board posters in "Cybersmears and Message Boards".
Thanks to Blue Sky with "Champagne and Flowers" for the intro music and Uncle Shaker with "Zachary" for the wrap up. Audio clips are under Creative Commons limited license.
In our next segment, The Anonymous Cybersmear - Part II, we will talk with a libel attorney I have worked with on Cybersmear cases about some of the legal and strategic challenges in pursing anonymous posters.
Attachments:
AnonyMous Cybersmear Part1.mp3 (5.0MB)
aicyberlaw.com;
aicyberlaw.com
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The Anonymous Cybersmear - Part II
by Gary Kendra at 10:40AM (EST) on February 10, 2005 | Permanent Link | Cosmos
This podcast is an interview with Detroit libel attorney Mark Butler. The focus is on legal standards for defamation related claims and unique issues involved in pursuing people who post malicious content in email and on public message boards. Areas discussed include the law of defamation and other torts where someone's character is abused, potential defendants, discovery of subscriber information from Internet service providers and First Amendment issues.
To listen click the .mp3 attachment to this posting. If you would like to automatically recieve future podcasts of Adventures in Cyberlaw, point your iPodder software at our podcasting category RSS feed, and our new content will be automatically loaded to your mp3 device.
Mentioned in the audiocast is the case of Russell Christoff v. Nestle and Russell's award of $15 million in damages for unauthorized use of his image on Taster's Choice coffee as reported by CNN.
As discussed in the audiocast, the First Amendment to the U.S.Constitution provides protection of free speech. This is balanced by the individual's right to protect his or her reputation. The standard requiring that actual malice be involved in the case of alleged defamation of a public figure was established by the U.S. Supreme Court in New York Times v. Sullivan.
For more resources, see the Show Notes from The Anonymous Cybersmear Part I.
Music clips feature a bit of the Blues. Thanks to Matt Thorpe with Just Got To Boogie for the intro music and Jasper Mills doing Help Me for the wrap up. Audio clips are under Creative Commons limited license. We encourage you to listen to and support these fine artists by purchasing their music.
Attachments:
Anonymous Cybersmear Part 2.mp3 (13.3MB)
aicyberlaw.com;
aicyberlaw.com |
