Affiliation:
1. Assistant Professor, Department of Communication, Virginia Tech
Abstract
Abstract
Online defamation suits present a new forum for the application of traditional defamation laws. One particular nuance of these defamation suits is frequently defendants’ identities are initially unknown to the plaintiff. Because of this, courts issue Internet service providers with subpoenas requiring them to divulge the identity of anonymous users to defamation plaintiffs. This article proposes a new test that protects online speakers’ right to anonymous speech. The “Anonymous Public Concern Test” incorporates the history of protection of anonymous speech and addresses the critiques of various pro-plaintiff, pro-defendant, and hybrid tests for online subpoenas employed by courts today.
Publisher
The Pennsylvania State University Press
Subject
Public Administration,Sociology and Political Science,Communication,Public Administration,Sociology and Political Science,Communication
Reference56 articles.
1. 47 U.S.C. § 230.
2. Akemiz, Yaman. “Anonymity, Democracy, and Cyberspace.”Social Research69, no. 1 (2002): 223–237.
3. America Online Inc. v. Anonymous Publicly Traded Co., 261 Va. 350 (2001).
4. Beeson, Ann. “Top Ten Threats to Civil Liberties in Cyberspace.”Human Rights23, no. 2 (1996): 10–13.
5. Blum, Alan. “Positive Thinking.”Theory and Society1, no. 3 (1974): 245–269.