Those who came out decidedly against the anonymous blogger in her recent bid to remain anonymous after Google was forced to reveal the identity the blogger, may want to take a look at an action that was just filed in a California state court. Turks Ltd. Et al v. John Doe 1 and Does 2-50.
A developer accused of bribery is seeking a subpoena ordering Google to turn over the identities of the investigative reporters at “TCI Journal”, an investigative group based in the Turks & Caicos Islands who had published stories detailing an alleged bribery scheme involving the a number of property developers and several high-ranking government officials.
The Journal had reported that certain property developers paid millions of dollars in secret loans and bribes to senior Turks and Caicos politicians, including an alleged $500,000 cash payment to the Island’s now former Premier, Michael Misick. Attorneys for one of the alleged bribers, Dr. Cem Kinay, sued the TCI Journal in a state court in California for libel. In connection with this case, the attorneys subpoenaed Google to supply the IP addresses used to access the Journal’s primary Google Mail account – -effectively demanding the identity of the journalists behind the corruption investigation.
Google has taken the position that unless it receives a written “motion to quash” the subpoena, it will release the information to the developer’s attorneys. Many people in the free speech community are alarmed at this potentially dangerous incursion, because of the belief that vigorous, honest discourse will be stifled by fear of retribution if personal, identifying information can be so easily obtained. As political dissidents in repressive regimes have learned, retribution can come in so many forms (imprisonment, violence). Privacy advocates caution that attempts at silencing critics and suppressing negative press will have a chilling effect on all speech and that anonymity is critical to constructive discussion and exposition of information.
Written by Anne W. Salisbury | Contact Anne directly at: ASalisbury AT golawintl.com
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View LinkedIn Profile for Anne: 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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