Question
Not that long-ago libel suits against anonymous John Doe defendants based on Internet postings were rare. Today, however, that is not the case. Laws have
Not that long-ago libel suits against anonymous "John Doe" defendants based on Internet postings were rare. Today, however, that is not the case. Laws have changed and courts/judges have become sensitive to the First Amendment issues involved.
The common scenario is where a company or its leaders sues for libel after one or many "John Does" criticized them online. After filing suit, a company can seek to obtain the identities of the Doe defendants by 1) subpoenaing Internet Service Providers, etc. or 2)use the tools of the discovery process to seek the defendant's true name.Note, it's generally a short step from the use of the subpoena to unmasking the John Does. Many ISPs turn over the identifying information without even notifying the Does that it was being sought.
As you can see, John Doe lawsuits are an important part of cybercrime litigation. Discuss John Doe lawsuits. Specifically:
- Some argue that John Doe lawsuits stifle online speech while others argue that they are a necessity. Provide personal insight.
- Many John Doe suits have been filed by various industries and companies to unmask anonymous criticizers, thieves, etc. Provide and discuss a recent example case. Note, use of an online legal reference source is recommended.
- Most states have John Doe statutes (laws), some being similar to one another and others being quite distinct. Find your state's John Doe statute, from whatever online source you choose, and provide a summary of your findings. In your opinion, do these statutes deter hackers, piracy of intellectual property, etc.?
- Discuss other remedies (besides John Doe lawsuits) and their merits that are available for cybercrime victims?
Provide detailed explanation of each of the points above and any additional areas you wish to address. Justify your position with detailed information from scholarly sources.
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