Judge: Media must reveal IDs of online posters

Chicago Tribune ^ | March 6, 2011

[digger48]

INDIANAPOLIS — A judge in a defamation case has ordered news media outlets in Indianapolis to reveal information that could help identify people who posted disparaging comments about an official on their online forums.

An Indiana journalism shield law that protects reporters from having to reveal their sources doesn't protect web sites from being forced to disclose who made anonymous posts, Marion Superior Court Judge S.K. Reid ruled.

Reid held that The Indianapolis Star and the Indianapolis Business Journal must provide names or other information that would help Jeffrey Miller, the former chief executive of Junior Achievement of Central Indiana, identify who wrote online comments that described him as "greedy" and warranting an investigation by the state attorney general.

Kevin Betz, an attorney for Miller, told the Star the rulings were the first of their kind in Indiana.

The case is part of a national trend of claims that target anonymous Internet posters to web sites operated by news media and other owners, the Star reported.

[digger48]

Reid ruled that the Star and IBJ must turn over posters' identifying information, typically their Internet protocol address or Internet service provider, with which an attorney can subpoena the provider for the poster's real name

[digger48]

some background....

http://www.ibj.com/retired-junior-achievement-exec-files-defamation-suit/PARAMS/article/19022

Jeff Miller, the retired CEO of Junior Achievement of Central Indiana, says Mayor Greg Ballard was about to hire him as a senior policy adviser, but Central Indiana Community Foundation President Brian Payne scuttled the job by spreading rumors that Miller had misappropriated money at JA.

Ballard’s chief of staff, however, said Friday morning that Miller was never seriously considered for a position.

Miller’s allegation is part of a defamation lawsuit that he filed Wednesday against Junior Achievement as well as current JA CEO Jennifer Burk, CICF and Payne. The suit, filed in Marion Superior Court, also claims tortious interference with a business or contractual relationship, and intentional infliction of emotional distress.

“These unfounded and untrue statements cost Mr. Miller a job opportunity as well as caused great damage to his reputation,” the lawsuit states. Miller’s attorney, Kevin Betz, would not comment further on the case. He said he didn’t know the details about Miller’s intended role with the city.

[DaxtonBrown]

Yikes. The only people that protects are government union goons.

[wastedyears]

Sounds like somebody needs a WAAAAAAAAAAAAAmbulance.

[FlingWingFlyer]

The gestapo wants to know where you live.

[Sacajaweau]

I really don’t see the defamation...

[UCANSEE2]

And once they set this ‘precedent’, there is no way it will every be MISUSED. (/s)

[UCANSEE2]

(sorry)

... ever be MISUSED.

[Chaguito]

sniff, sniff, sniff...

Smells like the Alien and Sedition Act by judicial decree.

[KrisKrinkle]

If the State, through the Judicial Branch, is going to eliminate the protection of anonymity, then the State, through the Executive and Legislative Branches should increase protection for whistle blowers and common folk whose honest comments would subject them to harassment from extremist elements in and out of government.

[libertarian27]

[muawiyah]

It's a straw, but the only straw. Since no one in America has a RIGHT to a government job (unless he's elected), he can't go after the Mayor, so he's going after someone in the link who told stories.

He might not even be able to bring the Mayor in for a deposition ~ since he has no property interest in the job he was supposedly going to get. However, he may have some evidence otherwise ~ be interesting to see how far this case gets ~ most of them don't even get to court.

[MrEdd]

Gee, libel is still libel in a screen just as it was with paper.
And that pesky legal process still requires a court proceeding and there is still discovery and subpoenas to deal with.

This is an unproblem.

[struggle]

If you are going to be subpoenaed for this, state:

1. I have an open wireless connection because I don’t know how to set a password.

2. Anyone could have posted the comments, I never use that computer except for games.

3. Save your files to a flash drive, place it somewhere where the lawyer’s cannot find it (with a friend or relative) and use a hard drive killer to ‘0’ out your hard drive. Or simply remove the hard drive and dispose of it somewhere other than your own garbage.

[Secret Agent Man]

Will they track Obama’s synthetic facebook people’s comments?

[conservatism_IS_compassion]

An Indiana journalism shield law that protects reporters from having to reveal their sources doesn't protect web sites from being forced to disclose who made anonymous posts, Marion Superior Court Judge S.K. Reid ruled.

1. it's an Indiana, not a federal, case, and

2. in any event, since freedom of the press is a right of the people, and not the establishment of a privileged class, "Shield laws" which apply to journalists as a separate class are IMHO unconstitutional.

The case is part of a national trend of claims that target anonymous Internet posters to web sites operated by news media and other owners, the Star reported.

A wikileaks contributor should expect to be outted if he posts on a newspaper web site, no?

[proxy_user]

Unless it’s a Tor exit node in Argentina.

[icwhatudo]

We need an “I’m Sparticus” moment.

I’ll go first:

Jeffrey Miller, the former chief executive of Junior Achievement of Central Indiana, is “greedy” and warrants an investigation by the state attorney general.

[StAnDeliver]

"An Indiana journalism shield law that protects reporters from having to reveal their sources doesn't protect web sites from being forced to disclose who made anonymous posts, Marion Superior Court Judge S.K. Reid ruled."

You and your pet newspaper can ride out on the horseface you rode in on....