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Online Commenter Did Not Waive Right to Anonymity by Agreeing to News Website’s Privacy Policy

Posted on December 14, 2009 by pogowasright.org

Eric Goldman’s Technology & Marketing Law Blog discusses a recent court opinion concerning unmasking anonymous online commenters that I hadn’t heard about:

Sedersten v. Taylor, 2009 U.S. Dist LEXIS 114525 (Case No. 09-3031-CV-S-GAF) (W.D. Mo. Dec. 9. 2009).

A Missouri district judge rejected a plaintiff’s attempt to unmask an online commenter based in part on the argument that language in the website’s privacy policy resulted in a waiver of anonymity.

[…]

Plaintiff argued that “bornandraisedhere” waived any right to anonymity by agreeing to the terms of the News-Leader’s privacy policy, which provided that the News-Leader:

reserve[s] the right to use, and to disclose to third parties, all of the information collected from and about [users] while [users use] the Site in any way and for any purpose . . . .

Read more on Technology & Marketing Law Blog

“anonymity” by kitakitts, Flickr, used under Creative Commons License.

Category: CourtFeatured NewsOnline

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