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Dec 15, 2009

Man Bites Dog: Prosecutor Pays a Price for Chasing Commenters

(cross posted at the Citizen Media Law Project
When a dog bites a man, that is not news, because it happens so often. But if a man bites a dog, that is news. — attributed to  New York Sun city editor John B. Bogart (1848- 1921)

Unfortunately, it's become an increasingly common occurrence: a public official, outraged over something posted about him/her anonymously on the Internet, asks a court to issue a subpoena to find out the identity of the poster(s). The Legal Threats Database contains a number of examples, and the "Legal Protections for Anonymous Speech" section of the Legal Guide lays out the legal analyses that courts have used to evaluate these subpoenas. 

So it wasn't too surprising when Pittsburg County, Oklahoma District Attorney Jim Bob Miller issued a subpoena to Harold King, operator of the McAlester Watercooler forum site, seeking information, including (oddly) social security numbers, to identify about 35 pseudonymous posters on the site.  But what made the case unusual was that D.A. Miller was one of the individuals who had filed a complaint for criminal defamation (details here) against King with the local police. 

Dec 5, 2009

ADA Online: Is a Website a "Place of Public Accommodation"?

(cross posted at the Citizen Media Law Project
A lawsuit filed in October claims that Sony's online games—ranging from Everquest and Star Wars Galaxies to Wheel of Fortune—do not provide tools to allow visually impaired users to successfully play the games, and thus violate both the federal Americans with Disabilities Act and California's civil rights law. Stern v. Sony Corp. of America, 09-cv-o7710 (C.D. Cal. Oct. 23, 2009).

The plaintiff and his attorney share the same last name, so the claim may have been filed to get the attention of Sony, which allegedly ignored the plaintiff's repeated efforts to contact the company about this issue. 
But legally, does this lawsuit make a valid claim?