Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Microcap & Penny Stocks : TGL WHAAAAAAAT! Alerts, thoughts, discussion. -- Ignore unavailable to you. Want to Upgrade?

To: dkgross who wrote (67584)	10/18/2000 8:27:43 PM
From: myturn	Respond to of 150070

otcnn.com Court Says ISPs Must Identify Internet Bashers By Jack Burney Published by OTCNN.com 10/18/2000 10:02 AM EST A Florida Appeals Court has ruled that Internet Service Providers must divulge the identities of people who post defamatory messages on the Internet, in a case where the American Civil Liberties Union sought to protect the anonymity of 8 posters in Yahoo! And AOL financial chat rooms. Critics immediately raised the cry, according to news reports, that the court’s ruling would suppress free speech in Internet chat rooms. Erik Hvide, former CEO of Hvide Marine (OTCBB: HVDM), alleged personal attacks on him by the 8, which also damaged the company, and filed subpoenas asking their identity. ACLU stepped in to obtain a stay of the subpoenas, asking the court, first, to determine whether Hvide had actually been defamed before requiring Yahoo to name the posters. If there’s no defamation, the alleged defamers’ identity should be kept secret, the ACLU lawyers argued. The First Amendment protects the right to anonymous online speech. The judge at Florida’s 3rd District Court of Appeals disagreed, and ordered that Yahoo and AOL had to comply with a subpoena and reveal the names of the ACLU clients so that they could be formally named as defendants in a libel case. The ruling could lead to a legal trend in the courts that, once anonymous online posters are notified about pending subpoenas for their identities, they have little chance of avoiding identification on First Amendment grounds. An appeal has been promised, based on the contention that before the subpoenas are enforced, a court should examine whether a case is frivolous. Admittedly, such initial pre-screening of cases by the courts before named defendants have even been served would be highly unusual. Lauren Gelman, Public Policy Director at the Electric Frontier Foundation, fears that the ruling will set a precedent, which other U.S. courts will follow. “This kind of speech happens all the time in all kinds of chat rooms. We don’t want to see these subpoenas become regularly used to cause people to self-censor themselves.” ACLU lawyer Lyrissa Lidsky called the decision “a surprise and a setback.” But she claimed it is not necessarily a defeat for “other John Does” fighting Internet-related subpoenas, because “the court did not explain its legal reasoning.” But Hvide’s attorney, Bruce Fischman, defended the ruling. “It will force Internet users to think a bit before they speak.” Disclaimer OTC News Network is an unbiased, objective news source focusing exclusively on OTC Bulletin Board companies. We do NOT publish any paid editorial content. In addition, OTC News Network does NOT own any stock in any OTC Bulletin Board companies. None of the shareholders, officers and affiliated entities owns any stock in the companies mentioned in this article. This ensures that OTCNN can make its editorial decisions objectively. Companies included in the news stories have NOT paid a fee or any other form of compensation for their appearance. CHEERS RG