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D.A. seeks names of posters (Slippery Slope alert!)
The Evening Sun (Hanover, Pennsylvania) ^ | February 23, 2009 | RICK LEE

Posted on 02/23/2009 4:23:35 AM PST by Virginia Ridgerunner

The company that owns and operates the York Daily Record/Sunday News readers' comment posting Web site will release the identities of people who anonymously posted comments to a story about the stabbing death of Andrew Wright, according to sworn statements Friday in county court.

Prosecutor Timothy Barker informed Judge Thomas H. Kelley on Friday that an attorney for Topix LLC said the Internet Protocol addresses and personal information of the posters "has been preserved" and will be turned over when the company is served with a subpoena by the York County District Attorney's Office.

(snip)

Under oath Friday, York County Detective Jeffrey A. Martz told Kelley that Topix's attorney "advised me a subpoena would be sufficient" to obtain the anonymous posters' personal information.

Kelley had scheduled the hearing to allow argument against the release of the posters' identities from any other concerned parties. No one representing Topix, the newspaper or the defendants appeared in court.

Topix is a national news gathering and public forum company based in Palo Alto, Calif. Daily Record/Sunday News readers who post comments on local stories do so under the terms of Topix.

Daily Record/Sunday News managing editor Randy Parker said Friday that all comments posted to the newspaper's stories are on the Topix Web site and "Topix is ultimately responsible for the comments on their site."

According to Topix's Terms of Service, which are available on the Web page where comments are posted, "Please be aware . . . we will release specific personal information about you if required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order."

(Excerpt) Read more at eveningsun.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: Pennsylvania
KEYWORDS: da; forum; topix; york
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Just a warning to folks who regularly post on local newspaper forums, most of which are run by this Topix outfit. Topix did not even bother to put up a fight to protect its members, and pretty much threw them overboard by not even bothering to show up in court.
1 posted on 02/23/2009 4:23:35 AM PST by Virginia Ridgerunner
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To: Virginia Ridgerunner
Sounds like a direct violation of the Constitution. But then the left could care less about the Constitution.
2 posted on 02/23/2009 4:34:21 AM PST by YOUGOTIT (I will always be a Soldier)
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To: Virginia Ridgerunner
Being very familiar with the story and the local Topix system let me clarify: The DA is not so much interested in the registered “members” as with the anonymous posters.

In particularly, there was a person with the handle of “Gossipgirl”, IP address supposedly from Williamsport (but as anyone with an ounce of IP knowledge would tell you, that means nothing—only the location of the IP server) who posted a lot of information about possible suspects.

After arrests were made Gossipgirl began to accuse the DA and Police of having arrested the wrong persons.

3 posted on 02/23/2009 4:38:02 AM PST by lightman (Adjutorium nostrum (+) in nomine Domini.)
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To: Virginia Ridgerunner

Sounds like something happened to cause this? And ideas?


4 posted on 02/23/2009 4:38:14 AM PST by Netizen
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To: Virginia Ridgerunner
Sheesh. The one advantage of online papers vs. printed papers, and they toss it over like it was nothing.

Nothing like dumping on your own customers as a business model.

5 posted on 02/23/2009 4:39:58 AM PST by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Virginia Ridgerunner
Read the Topix posts here:

http://www.topix.net/forum/source/york-daily-record/TR26UG6K7H8JA49LJ

6 posted on 02/23/2009 4:40:13 AM PST by lightman (Adjutorium nostrum (+) in nomine Domini.)
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To: Virginia Ridgerunner

There is no guarantee of anonymity for anything you do on the Internet. Same with email.

The constitution guarantees your right to free speech, not the right to be able to post things then be totally immune from the fallout from those postings.

If you were standing on the street corner yelling obscenities to everyone who passes you can certainly do that, however you must be willing to bear the response to your speech. The people who posted (and I have not read the article) probably thought they could do so and not ever hear any more about it. They were wrong plus they didn’t read the terms of service.

Everything you do on the Internet is logged somewhere.


7 posted on 02/23/2009 4:44:04 AM PST by msrngtp2002 (Just my opinion.)
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To: Virginia Ridgerunner
Ah, the parts that were snipped out:

Barker explained that Chief Deputy Prosecutor Chuck Patterson, who was not available for Friday's hearing, believes - from 26 comments by posters to a story on the initial arrests in connection with Wright's Dec. 28 killing inside Jamie's Courtside Sports & Spirits, a Spring Garden Township bar - that some or all might be eyewitnesses.

Kelley had scheduled the hearing to allow argument against the release of the posters' identities from any other concerned parties. No one representing Topix, the newspaper or the defendants appeared in court.

According to Topix's Terms of Service, which are available on the Web page where comments are posted, "Please be aware . . . we will release specific personal information about you if required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order."

While Kelley was not required to make a ruling on the matter, he told Barker, "I think it is appropriate for you to proceed through subpoena duces tecum (a subpoena ordering the production of records)."

8 posted on 02/23/2009 4:45:05 AM PST by Netizen
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To: lightman

Once we got the ‘Rest of the Story’, it seems quite reasonable to me.


9 posted on 02/23/2009 4:48:20 AM PST by Netizen
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To: Virginia Ridgerunner

What exactly do they think is “probable cause”? Did the postings actually contain potential evidence?


10 posted on 02/23/2009 4:53:36 AM PST by TommyDale (I) (Never forget the Republicans who voted for illegal immigrant amnesty in 2007!)
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To: lightman

Are the comments that are posted in reference to the knowlege of a crime that was committed and being tried in court? If that’s the case then this act of commenting opens the poster to be investigated. Right?


11 posted on 02/23/2009 4:54:48 AM PST by classified
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To: Netizen
They had to be snipped out to fit into FR's 300 word limit for excerpts. I never like to post entire articles because of potential copyright concerns. Nothing sinister.

The point being though, and this particular criminal case aside, just be careful with Topix, which would apparently out its forum posters for lesser reason if push came to shove with the government.

12 posted on 02/23/2009 4:56:58 AM PST by Virginia Ridgerunner (Sarah Palin is a smart missile aimed at the heart of the left!)
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To: Virginia Ridgerunner

No, you snipped out important information so you could cause paranoia.


13 posted on 02/23/2009 5:09:56 AM PST by Netizen
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To: Virginia Ridgerunner

I will no longer post on Topix, that much is certain.

Thx for posting.


14 posted on 02/23/2009 5:11:53 AM PST by Red in Blue PA (If guns cause crime, then all of mine are defective.)
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To: Netizen

Geez. THat is a different matter altogether now.


15 posted on 02/23/2009 5:12:52 AM PST by Red in Blue PA (If guns cause crime, then all of mine are defective.)
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To: Red in Blue PA
Geez. THat is a different matter altogether now.

Exactly! Snipping out the most important parts of the article is reprehensible. i would dare say that if a FReeper committed or witnessed a murder and talked about it on FR, that FR would get a subpoena, too.

16 posted on 02/23/2009 5:17:44 AM PST by Netizen
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To: Virginia Ridgerunner

If someone sends an anonymous snail mail letter to a newspaper with statements indicating the writer has evidence with regard to the crime, the police will (rightly) subpoena that letter to see if there are fingerprints or other physical evidence that might help them solve the case.

I think the analogy is pretty good here.

Some seem to think a communication via the interwebs gives additional constitutional rights as compared to older technologies. This is untrue.

Another example: We all accept fingerprinting, and the filing of the prints for all time, without batting an eye. It’s difficult to see, therefore, why DNA testing is proclaimed by some to be a violation of rights. DNA is just another way of using unique physical characteristics to establish identity. (As genetic knowledge advances, obviously DNA could be misused to determine other irrelevant facts about a person, but that’s a separate issue from its use for identification.)


17 posted on 02/23/2009 5:22:46 AM PST by Sherman Logan (Everyone has a right to his own opinion, but not to his own facts.)
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To: Netizen

“if a FReeper committed or witnessed a murder and talked about it on FR, that FR would get a subpoena, too”

No doubt about that!


18 posted on 02/23/2009 5:23:31 AM PST by Red in Blue PA (If guns cause crime, then all of mine are defective.)
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To: Red in Blue PA

I went back to the source link and see that there are two ‘comments’, the first one being about how if Topix folded to quickly, then they were outta there. Sheesh. What’s the matter with people? If they had been murdered and their killer was commenting online or witnesses that could put the perp behind bars were commenting online, would you think they would want the perp caught? The stupidity of some people just boggles the mind.


19 posted on 02/23/2009 5:30:46 AM PST by Netizen
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To: Virginia Ridgerunner
This is definitely in the top ten of Worst Excerpts Ever. You didn't think this was relevant? Oh right, that's exactly where you skipped over.

Barker explained that Chief Deputy Prosecutor Chuck Patterson, who was not available for Friday's hearing, believes - from 26 comments by posters to a story on the initial arrests in connection with Wright's Dec. 28 killing inside Jamie's Courtside Sports & Spirits, a Spring Garden Township bar - that some or all might be eyewitnesses.

Oh whose behalf are you trolling for?

20 posted on 02/23/2009 6:45:40 AM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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