Wednesday, June 17, 2009

Better Cling to the Second Amendment...

...because the First Amendment must be protected!!!
Vegas paper gets subpoena to ID online commenters...
Thin-skinned public officials should find other jobs!

...The Las Vegas Review-Journal reported Tuesday that its editor, Thomas Mitchell, plans to fight the request, which the newspaper received after reporting on a federal tax fraud case against business owner Robert Kahre.

The subpoena seeks the identities and personal information about people who posted comments on the story. The newspaper said prosecutors told the judge in the case that some comments hinted at acts of violence and the subpoena was issued out of concern for jurors' safety.

Mitchell said anonymous speech is "a fundamental and historic part of this country." The newspaper would consider cooperating if specific crimes or real threats were presented, he said.

The newspaper said the subpoena bears the name of U.S. Assistant District Attorney J. Gregory Damm, a lawyer on the Justice Department team that is prosecuting Kahre and others on charges including income tax evasion, fraud and criminal conspiracy....

...The newspaper said it received the subpoena June 2, a week after its story describing the government's case against Kahre, a Las Vegas construction company executive accused of paying contractors with gold and silver U.S. coins based on the precious metal value of the coins but using the much lower face value of the coins for tax purposes. Kahre and the other defendants have pleaded not guilty.

The story drew nearly 175 online comments by Monday night, most in support of Kahre and critical of the government and jurors and attorneys in the case.

One commentator said: "The sad thing is there are 12 dummies on the jury who will convict him. They should be hung along with the feds."

Another called Damm a "socialist, fascist Mormon" and a "Nazi moron."

The comments are written under pseudonyms. Along with the real names of people who posted comments, the subpoena asks the newspaper for the writers' gender, birth date, physical address, telephone number, Internet service provider, IP address and credit card numbers.

Landmark ruling ends 'blogger' anonymity...
From Merry Ol' England, the land that brought us omnipresent video surveillance:

From The Times Online UK- Thousands of bloggers who operate behind the cloak of anonymity have no right to keep their identities secret, the High Court ruled yesterday.

In a landmark decision, Mr Justice Eady refused to grant an order to protect the anonymity of a police officer who is the author of the NightJack blog. The officer, Richard Horton, 45, a detective constable with Lancashire Constabulary, had sought an injunction to stop The Times from revealing his name....

...The officer also criticised and ridiculed “a number of senior politicians” and advised members of the public under police investigation to “complain about every officer . . . show no respect to the legal system or anybody working in it”.

Some of the blog’s best-read sections, which on occasion attracted half a million readers a week, were anecdotes about cases on which Mr Horton had worked. The people and places were made anonymous and details changed, but they could still be traced back to real prosecutions.

In the first case dealing with the privacy of internet bloggers, the judge ruled that Mr Horton had no “reasonable expectation” to anonymity because “blogging is essentially a public rather than a private activity”.

The judge also said that even if the blogger could have claimed he had a right to anonymity, the judge would have ruled against him on public interest grounds.

The police officer, the judge said, had argued that he should not be exposed because it could put him at risk of disciplinary action for breaching regulations. But Mr Justice Eady criticised that argument as “unattractive to say the least”....

...Hugh Tomlinson, QC, for Mr Horton, had argued that “thousands of regular bloggers . . . would be horrified to think that the law would do nothing to protect their anonymity if someone carried out the necessary detective work and sought to unmask them”. Mr Tomlinson said that Mr Horton wished to remain anonymous and had taken steps to preserve his anonymity.

But Mr Justice Eady said that the mere fact that the blogger wanted to remain anonymous did not mean that he had a “reasonable expectation” of doing so or that The Times was under an enforceable obligation to him to maintain that anonymity....

0 comments:

Post a Comment