Re: EFF Urges Court to Block Dragnet Subpoenas Targeting Onl
Posted by Deborah on 7/17/10
Yep, have to agree with you, tough call. Would definitely chill
participation, but it would make it more difficult for
cyberstalkers to harass victims.
On 7/16/10, Sharon wrote:
> "Overbroad subpoenas targeting anonymous speakers without
> cause naturally creates a chilling effect that may discourage
> others from exercising their constitutional rights to
> participate in conversations that take place online," said
> Zimmerman. 'We are asking the court to enforce these
> reasonable safeguards so that the rights of innocent speakers
> do not become collateral damage in a dispute between others.'
>
> For the full motion to quash:
> http://www.eff.org/files/filenode/hersh_v_cohen/UOJ-
> motiontoquashmemo.pdf
>
> I have mixed emotions about this one.
>
> If one does not state their true identity when writing, they
> are more likely to write outrageous words that they never
> would if people knew who they were. Mike B is a prime
> example of this.
>
> But on the other hand, I have honed some great information
> from this board and other boards by people who would be
> afraid to speak out for fear of retribution if they had to
> use their real name.
>
> Seems to me like there should be a law somewhere in the
> middle on this one. I don't know all the facts of this case,
> so really couldn't say what I think specifically about this
> one.
>
>
>
> On 7/16/10, Deborah wrote:
>> https://www.eff.org/press/archives/2010/07/13
>>
>> Privacy and Anonymity at Risk in New York Conspiracy Suit
>>
>> New York - The Electronic Frontier Foundation (EFF) this
>> week served a motion to quash dragnet subpoenas that put
>> privacy and anonymity at risk for the operators of dozens of
>> Internet blogs and potentially hundreds of commenters.
>>
>> The subpoenas stem from a state lawsuit filed by New York
>> residents Miriam and Michael Hersh alleging a conspiracy to
>> interfere with their business interests. Issued to Google
>> and Yahoo, the subpoenas demand the identities of users of
>> ten email accounts, operators of 30 blogs and a website that
>> had featured discussions of the plaintiffs among other
>> matters, and the identities of everyone who had ever
>> commented on those sites.
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