Rosemary Port To Sue Google For Unmasking
First, Liskula Cohen brings a court action to identify the blogger allegedly labelling her a psychotic, lying, whoring skank. Google is served with a subpoena to identity the blogger, and it fights the subpoena. The Judge orders Google to turn over the identify of the blogger, and it does so. Now it appears Rosemary Port is going to sue Google for doing what the Judge ordered, claiming that Google was representing her and did not protect her interests, which is obviously a huge stretch. Rosemary Port and her lawyer claim that in the tradition of the Federalist Papers the right to anonymous speech is so sacrosanct that it must be protected even when his client is subject to allegations of defamation. (In full disclosure, I have spoken with Cohen’s lawyer months ago and offered some suggestions informally, but I do not represent anyone involved in the case and have never spoken with Ms. Cohen.)
In Google Bomb I discuss the anonymity issues in the Federalist Papers on page 43 and explain that it is a favorite argument of the free speech expansionist movement. I wonder what John Hancock would say about anonymous speech in the aftermath of his prominent endorsement on our Declaration of Independence?
The abuse of anonymous speech is a threat to our way of life. It is used as a virtual ski-mask online all too often to attack the innocent. It attacks the fundamental concept of personal accountability for one’s actions and strips from our society the protections inherent in responsible speech. Those who try to hide behind the web of anonymity place at risk the right of all of us to enjoy appropriate and lawful anonymity. And the battles raging today bring to the forefront issues that will define rules of conduct, and the norms and mores, that will guide us for years to come.
Since when does Google (and by logical extension other web businesses) have the obligation to defend its customers on its own dime? There is a major effort afoot among the free speech expansionist movement to castigate and demean businesses that aren’t willing to carry a fight on behalf of their scofflaw members. I make no judgment about Rosemary Port and her actions aimed at Ms. Cohen. It is being reported Ms. Cohen is not going to go forward with a defamation lawsuit. So the merits of her contentions may never be vetted. But it is ludicrous, and exceedingly naive, for the scofflaws of the web to play victim.
