Recently, in Barrett v. Rosenthal, the California Supreme Court held, similar to most courts addressing the issue, that bloggers are immune from being sued for “distributor” liability under defamation law. Under defamation law, the original speaker of a defamatory statement (a false statement that harms a person’s reputation) is liable. A “distributor,” one who further disseminates a […]
Archive of all posts about bloggers by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
A Tale of Two Bloggers
Per Paul Caron’s invitation, I’ve decided to write up a short paper based on my comments at the Harvard Bloggership Conference. It is a 5-page essay entitled A Tale of Two Bloggers: Free Speech and Privacy in the Blogosphere. It will be published as part of the symposium. From the abstract:
Anonymous Blogging: David Lat and Jonathan Adler
I’m at the panel on anonymous blogging at the Computers, Freedom, and Privacy Conference. Jonathan Adler (formerly Juan Non-Volokh) and David Lat (formerly Article III Groupie) told their stories about blogging under a pseudonym.
Freakonomics, The Apprentice, Student Grades, and Privacy
The ending of this season’s The Apprentice (with Donald Trump) has everybody talking. Rebecca Jarvis and Randal Pinkett were the finalists, both of whom Trump thought were outstanding stars. He hired Randal and later asked Randal whether he should also hire Rebecca. Randal said “no” because “there can be only one Apprentice” and the show is called […]
Is Anonymous Blogging Possible?
Howard Bashman at How Appealing muses whether anonymous blogging is really possible: These days, however, most users of the internet understand that every bit of information communicated electronically leaves electronic fingerprints that can be used to trace the source of the information, even if the source hoped to remain anonymous. To be sure, there are ways […]
Article III Groupie Disrobed: Thoughts on Blogging and Anonymity
“Article III Groupie” is the pseudonym for the mysterious author of a wildly popular blog about the federal judiciary, Underneath Their Robes. The blog is a lighthearted and witty discussion of the federal judiciary, chronicling the lives of judges and law clerks. Article III Groupie (or A3G for short) describes herself as an attorney from a Top 5 […]
Using Lawsuits to Unmask Anonymous Bloggers
An interesting recently-filed lawsuit raises the issue of whether a company can file a lawsuit just to find out the identity of an anonymous blogger in order to fire him. The case involves an employee of Allegheny Energy Service who posted an anonymous comment to a Yahoo! message board devoted to his company. He made the posting […]
A Victory for Anonymous Blogging
Anonymous bloggers received a great victory this week in a case decided by the Delaware Supreme Court — Doe v. Cahill (Oct. 5, 2005). The case involved John Doe, who anonymously posted on a blog statements about Patrick Cahill, a City Councilman of Smyrna, Delaware. Doe, in criticizing Cahill’s job performance, noted that Cahill had “obvious mental […]