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Hey Martha Forums © National Open Forum => No Holds Barred! © => Topic started by: Palehorse on March 02, 2011, 07:54:49 PM

Title: No Hiding Behind Anonymity In Cyberspace
Post by: Palehorse on March 02, 2011, 07:54:49 PM

Two current cases in Indiana clearly demonstrate that the law is finally starting to catch up with cyberspace; and those of you who have historically utilized an acidic approach in posting toward others, or that have undertaken less than admirable means and methods in your cyberspace personas should sit up and take note of the following two cases:

http://www.indystar.com/article/20110302/LOCAL18/103020335/Judge-Star-must-identify-anonymous-posters?odyssey=tab|topnews|text|IndyStar.com (http://www.indystar.com/article/20110302/LOCAL18/103020335/Judge-Star-must-identify-anonymous-posters?odyssey=tab%7Ctopnews%7Ctext%7CIndyStar.com)

http://www.wthr.com/story/14159289/small (http://www.wthr.com/story/14159289/small)

If nothing else, the above two cases should serve as the proverbial "shot across the bow" to each one of us. Gone are the days of posting every single thought that comes to mind, and acting without thought toward the possible ramifications of your words toward others.

Indeed, the latest court ruling right here in Indiana all but opens the door widely to litigation being imposed upon those whose words and statements are slanderous, libelous, or in some cases outright lies that impose real life ramifications upon those they are directed toward.

Forums across the nation are re-evaluating their policies and standard operational procedures in light of this new ruling, and you can bet your sweet six that there are some major changes coming to many of them.  Changes some of the dweebs in cyberspace are not going to like whatsoever!

Pretty much, this ruling means that if you engage in inflammatory words and actions within any given forum, you had damned well be prepared to face a day in court should those actions or words impose real life harm to those whom you target.

No longer are you assured of any level of anonymity in creating a false name to use as your moniker while posting, and even within those once sacred halls of media / newspaper forums, administrators/owners of said forums are now legally required to cough up your IP addy and e-mail addy that are connected with your account, should law enforcement ask for them.

And if you think that by using fake names and e-mail, or free e-mail, you are going to be able to skirt it, you had better think again. I suspect most, if not all internet forums are going to begin requiring REAL e-mail addresses, and REAL contact information that has to be confirmed BEFORE they let you post anything upon their forums.  Otherwise they are opening themselves up to possible litigation themselves should someone engage in actions similar to what transpired in the second link above. 

Even if you do succeed in using fake accounts and getting onto a forum somewhere, never underestimate the trail of information you are leaving, and law enforcements ability to backtrack that trail straight to your computer.   You will be held accountable.

And by accountable, I mean you are putting at risk everything you own, and every dollar you make, and even your very freedom!

So THINK before you post, and THINK before you respond. It is in your best interests to do so. And be VERY CLEAR in the intention of anything you post. If something could potentially be taken as a threat to someone's livelihood or life, then reword it or better yet, don't even post it at all.

With all the whacknut wienies we have in the world today, the chances of your "joking" about shooting someone, or ripping their head off, and having it actually happen despite you having nothing to do with it are a lot better than they were 30 years ago. And John Law is certainly not going to be shy about putting you and your life under a microscope should your "joke" coincidentally become a reality through no fault of your own.  Then you will have to sell everything you own just to defend your good name!

So, man up or shut up; or be prepared to deal with the consequences of your words and actions. . .