PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Article: Balancing Act: Finding Consensus on Standards for Unmasking Anonymous Internet Speakers

Posted on September 17, 2010 by pogowasright.org

Matthew Mazzotta has an article in the Boston College Law Review (Vol. 51, No. 3, p. 833, 2010) , “Balancing Act: Finding Consensus on Standards for Unmasking Anonymous Internet Speakers.” Here’s the abstract:

The growth in popular use of the internet has led to a dramatic increase in both the amount of anonymous speech and the number of aggrieved plaintiffs claiming to be harmed by it. Lawsuits involving anonymous internet speech present thorny questions for courts because plaintiffs typically must obtain the identity of anonymous speakers during discovery before any adjudication of the underlying claim. Compelled disclosure of identifying information thus risks chilling speech by subjecting anonymous speakers who have done nothing illegal to unwarranted harassment and retaliation. In response to these concerns, courts have formulated “unmasking” standards for determining when to allow anonymous speakers to be identified. This Note examines trends within various unmasking standards and proposes a single standard for future courts that requires notice, an evaluation on the merits of the plaintiff’s claim, and a balancing of the First Amendment rights of the anonymous speaker against the strength of the plaintiff’s claim and the need for unmasking.

You can download the free full-text article at SSRN.

Via @PrivacyLaw

Category: CourtOnline

Post navigation

← Recommended: The politics of privacy
Tests in Italy Raise New Questions About Airport Body Scanners →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Google agrees to pay Texas $1.4 billion data privacy settlement
  • The App Store Freedom Act Compromises User Privacy To Punish Big Tech
  • Florida bill requiring encryption backdoors for social media accounts has failed
  • Apple Siri Eavesdropping Payout Deadline Confirmed—How To Make A Claim
  • Privacy matters to Canadians – Privacy Commissioner of Canada marks Privacy Awareness Week with release of latest survey results
  • Missouri Clinic Must Give State AG Minor Trans Care Information
  • Georgia hospital defeats data-tracking lawsuit

RSS Recent Posts on DataBreaches.net

©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy