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.

Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?

To: epicure who wrote (64752)	10/29/2002 5:07:26 PM
From: Solon	Read Replies (2) \| Respond to of 82486

"What if they just won't stop talking to your alias? Is that the same as someone physically following you around town" I am sure if you are caught repeatedly talking to some inanimate letters that someone who loves you will have you restrained. But talking to a person is generally ok unless you damaging them or threatening to cause them harm. For instance, if I start sending someonne emails repeatedly (say 50 or 100 times) and I am interfering with that person's life; and everytime she changes her email I follow her to her new email address and taunt her with my unwanted attentions...well that is not the same as physicaly folowing someome around, is it? And does the law say that every objectionable or illegal act must be the same as physically following someone around? No. I didn't think it did... "There are no alias restraining orders- as far as I know". No. The Courts do not issue restraining orders against letters of the alphabet. But there have probably been millions issued against people. And there have definitely been many issued against people on the internet.

To: epicure who wrote (64752)	10/29/2002 7:53:10 PM
From: The Philosopher	Read Replies (2) \| Respond to of 82486

There are no alias restraining orders- as far as I know of. It would be very interesting to see a case brought demanding a restraining order restricting one poster from posting to another on SI. First, of course, you have to get past the threshold issues of venue. Then, if the poster being complained of is using an alias, you have to be able to discover the names behind the aliases in order to effect personal service. And if they haven't told you where they're from, how do you know what state to file it in to get personal service in the first place? Then you have to get past the danger of the suit being used solely to force disclosure of the person behind the alias. Then once you get all those threshhold questions out of the way, and you have the parties identified and venue established, you have to establish your right to a restraining order which is limited solely to written comments posted on a bulletin board which the complaining party is in no way obligated to read. That seems to me a significant problem. Can, for example, a Court prohibit one party from writing letters to the local paper about the other? If there is defamation, probably yes. But truthful statements and fair comment? Seems dubious. If the case ever were brought, I'm sure you would bring all sorts of amicus curiae coming out of the woodwork. The obvious ones, like the EFF, and maybe some not so usual ones--if it were a woman complaining of a man, for example, the NOW legal defense fund might enter the case to protect a woman's right to surf the internet without having to encounter nasty things. It would raise some interesting legal issues, but all in all, I think it would be a lot more trouble than just sticking to moderated threads or clicking the Next button.