Anonymous Blogger

by Anne W. Salisbury on November 3, 2009

In recent case that may have far-reaching consequences in the burgeoning social media sphere, former model, Liskula Cohen, brought an action against Google to force Google to unmask the identity of an anonymous blogger who had insulted her, calling her a “skank” and a “ho” in a series of blog posts on a single day.

GO represented the anonymous blogger for the limited purpose of intervening in the proceeding against Google to stop the forced unmasking of this blogger’s identity. However, the New York State Supreme Court Justice sided with Ms. Cohen and ordered Google to turn over identifying information about the anonymous blogger. The ruling has divided the blogosphere, with some applauding the decision, and others fearing it may set a dangerous precedent for informational privacy on the internet.

Hundreds of articles, blogs, TV shows and other media have commented on this case, which has now been dubbed the “skank case”. Privacy groups such as EFF have publicly expressed concerns about this ruling.

Although there is a loud chorus applauding the ruling because of the belief that anonymity on the internet is nothing more than a device for “cowards” to hurl insults without suffering consequences, others fear that this decision will have harmful and unforeseen repercussions. Free speech and privacy advocates fear that if it is too easy to strip bloggers and commenters of the cloak of anonymity, this form of censorship will stifle more than just the petty and personal invective, but will muffle and inhibit all discussions – -from lofty political discourse to casual, offhand comments on silly blogs.

GO will continue to monitor this rapidly developing area of law.

Written by Anne W. Salisbury | Contact Anne directly at: ASalisbury AT golawintl.com

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Anne W. Salisbury has a broad background in complex litigation involving securities fraud, trademarks, copyright and general commercial litigation including trademark policing and enforcement on the internet, trade secrets, cyber-squatting, licensing and libel actions in the sports, entertainment and media fields.

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