Along those lines, over at Findlaw Julie Hilden looks at the issue of when a court can force an ISP to disclose the identity of of an anonymous poster in a defamation case. She endorses the approach from Maryland's highest court, which held that:
the plaintiff must establish facts sufficient to make out a prima facie case as to each of the elements of defamation, including damages and, if such a case is made, the court must balance the defendant's First Amendment right to anonymity against the plaintiff's right to seek a remedy for claimed defamation in deciding whether to unmask the defendant.But she also calls for a federal standard to apply nationally, which might not be a bad idea.
So, remember folks - before you badmouth somebody online, think about whether you can afford to pay the bill!
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