voiplover
Premium
join:2004-05-28
Portsmouth, NH | reply to howrman
Re: Who Accessed His WAP?
Then you should know that you should be suing for allowing the content to be posted in your name. Without the ISP and website divulging specific info on MAC addresses, you can't even prove that the IP wasn't spoofed. |
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howrman
join:2000-07-08
Philadelphia, PA
| If you are suggesting that I sue the web site on which the defamatory comment appeared, the Communications Decency Act of 1996 prohibits that. The Act gives immunity to websites that allow third parties to post information where the website does not exercise editorial control over the content. |
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voiplover
Premium
join:2004-05-28
Portsmouth, NH
 ·callwithus
·Axvoice
| No. I'm suggesting that you sue the same individual, but for allowing his network to be used for the posting.
Sort of like suing the owner of a vehicle that crashes into to you but the driver is unknown because they left the scene????? Unless you can prove that this person was the one that typed the posted material. FAT CHANCE. |
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howrman
join:2000-07-08
Philadelphia, PA
| I'm not aware of any legal basis for imposing liability on the owner of an unsecured WAP for things that are posted through that connection. In fact, I'm pretty sure that the Decency Act protects them. That's why your ISP isn't responsible for things that you post using its connection.
In reality, I don't think it's going to be very hard to prove that the defendant posted the comment. Given the fact that he harbored animosity towards me, it would be one hell of a coincidence if some stranger just happened to come along at 10 p.m. on a Friday night to access his WAP on the 11th floor of an office building to post something about me. |
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no_one
@QWEST.NET
| said by howrman  :I'm not aware of any legal basis for imposing liability on the owner of an unsecured WAP for things that are posted through that connection. In fact, I'm pretty sure that the Decency Act protects them. That's why your ISP isn't responsible for things that you post using its connection. In reality, I don't think it's going to be very hard to prove that the defendant posted the comment. Given the fact that he harbored animosity towards me, it would be one hell of a coincidence if some stranger just happened to come along at 10 p.m. on a Friday night to access his WAP on the 11th floor of an office building to post something about me. I would say something. Then again you now have a track record of sueing.
If it is just a personal comment right or wrong who cares? Get over it grow some thicker skin. If someone say dumps all your private client files on the web that is different. |
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howrman
join:2000-07-08
Philadelphia, PA
| Sorry if I wasn't clear before as to the nature of the conduct that gave rise to the suit. The defendant posted a comment under my name that was critical of judges before whom I practice. Thus, he wanted those judges to believe that I was publically expressing unprofessional comments about them.
If it was merely a matter of a person expressing opinions about me, I couldn't and wouldn't sue. Opinions are protected free speech. As such, they are not actionable. The problem here is that the defendant fraudulently represented that he was me and he falsely attributed damaging statements to me.
What would you do under these circumstances to seek redress? |
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docrice
join:2008-03-31
Fremont, CA | I personally wouldn't know where to start since I'm legally ignorant about how to go about such things. I'd check with the EFF though as they might have a much better idea what to do. |
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PeteC2
Got Mouse?
Premium,MVM
join:2002-01-20
Bristol, CT
clubs:
 ·AT&T Yahoo
| I do not believe that you will be able to definitively prove the author of the offending emails either way, as not only is proving that his machine was not "hi-jacked", difficult, you further could not prove that someone else simply may have typed that from that site...
However, as there is a proven history of conflict here, and it is known that at the very least, the fraudulent emails originated from his ISP address, I would rather suspect that it is more incumbent on the defendant to prove that they did not originate from him, yes?
After all, this is a civil suit, not a criminal trial.
--
Deeds, not words |
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lmacmil
join:2001-01-26
South Bend, IN
| reply to howrman
said by howrman :What would you do under these circumstances to seek redress? A couple of busted kneecaps?  |
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no_one
@maricopa.edu
| reply to howrman
said by howrman :Sorry if I wasn't clear before as to the nature of the conduct that gave rise to the suit. The defendant posted a comment under my name that was critical of judges before whom I practice. Thus, he wanted those judges to believe that I was publically expressing unprofessional comments about them. If it was merely a matter of a person expressing opinions about me, I couldn't and wouldn't sue. Opinions are protected free speech. As such, they are not actionable. The problem here is that the defendant fraudulently represented that he was me and he falsely attributed damaging statements to me. What would you do under these circumstances to seek redress? If the judges know you and the other person then you should be fine. If a judge cannot tell you are telling the truth that you did not post it well something is wrong.
Basically saying if you have strong character and such the judges will ignore the posted garbage.
I mean clients and others are not always happy people with outcomes so rude comments or other type of comments are probably not uncommon. |
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