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WRITING ASSIGNMENT Papers should be 3-4 pages in length, 12-point font, double spaced, with reasonable margins. Do not restate the questions in your paper. You
WRITING ASSIGNMENT Papers should be 3-4 pages in length, 12-point font, double spaced, with reasonable margins. Do not restate the questions in your paper. You should (a) identify the relevant issues, (b) determine the applicable rules and principles from the text, (c) analyze how the rules and principles specifically apply to the given set of facts, and (d) state a concise and well-reasoned conclusion that logically follows from your analysis. THE TERRIBLE TWEET Jennifer uses Twitter and tweets to a friend that her former business partner, Robert, is having an affair and leaving his wife. The statement is false. Word travels fast on Twitter, and a friend of Robert's calls him the next day to tell him what Jennifer has said. Robert contacts Twitter and demands that they remove/take down the defamatory content in Jennifer's tweet. Twitter does not respond either way. Robert now demands in writing that Twitter honor his request and claims that Twitter is "publishing" defamatory material. In his written demand, he states that Twitter may not have known about the falsity of the statement at first, but as of his contact with them, they certainly know now. Twitter responds in writing that they will not remove/take down Jennifer's tweet and that they have the right to take such nonaction due to the Communications Decency Act (CDA). Robert contacts an attorney to explore his legal rights. Jennifer now takes things a step further. She finds various blog sites sponsored by ISPs and takes on the name of "informer of righteousness." In the various posts she places on the blog sites, she states that Robert has embezzled money from their former company (an entirely false statement) and that anyone dealing with Robert should not go into business with him due to his poor character. Several deals on which Robert is working, valued in excess of US$750,000, fall through because of these statements by "informer of righteousness." Robert is fairly certain that Jennifer is actually the "informer of righteousness," but Robert's attorney tells Robert that proof is needed. Robert contacts the various ISPs, but all of them refuse to tell him the real name of "informer of righteousness." When Robert tells his attorney that none of the ISPs will cooperate, the attorney advises Robert that there is "a good chance" they can obtain the real name by filing a lawsuit. Robert finds it difficult to get the money together to file the recommended lawsuit, but believes he has no choice but to do so. The attorney files the lawsuit on Robert's behalf against the ISPs, and some "Doe" defendants, in the hope that the judge in the case will order the ISPs to divulge Jennifer's name
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