Mike Harvey, San Francisco
Attend an evening with Andre Agassi
Google is to be sued for $15 million (£9 million) by an anonymous blogger who was unmasked by the internet search company.
Rosemary Port said that Google had failed to protect her right to privacy when the company obeyed a court order to reveal her name after she used her blog to accuse a former Vogue model of being a "psychotic, lying, whoring ... skank".
Liskula Cohen, 36, won a landmark case in a New York court last week, forcing Google to disclose the online identity of Ms Port, 29, a Fashion Institute of Technology student, who created her "Skanks in NYC" blog a year ago using Google's Blogger.com program.
Legal experts said that the ruling stripped away some of the anonymity provided by the web, making people who post offensive blogs, videos or tweets more responsible for their anonymous statements.
In the UK, bloggers who operate behind the cloak of anonymity have no right to keep their identities secret, the High Court ruled in June. In a landmark decision, Mr Justice Eady refused to grant an order to protect the anonymity of a police officer who was the author of the NightJack blog.
He ruled that Richard Horton had no “reasonable expectation” to anonymity because “blogging is essentially a public rather than a private activity”.
Ms Cohen claimed that Ms Port had anonymously posted photographs and “defamatory statements concerning her appearance, hygiene and sexual conduct that are malicious and untrue".
The New York Supreme Court ruled that Google must reveal the identity of the blogger.
Judge Joan Madden rejected Ms Port's claim that the blogs were a "modern-day forum for conveying personal opinions, including invective and ranting" and should not be treated as factual assertions.
After the court ruling Google turned over the e-mail address and IP addresses from each time the blogger had logged on to the blog, allowing Ms Cohen to discover the identity of her tormentor.
She said she was relieved to discover that the woman who created the blog was not someone close to her and decided not to continue with a defamation suit. The blog was deleted in March.
Google said that users of Blogger.com agree to a privacy policy that allows the company to share personal information if required by legal action.
"We sympathise with anyone who may be the victim of cyber bullying," Andrew Pederson, a Google spokesman, said.
"We also take great care to respect privacy concerns and will only provide information about a user in response to a subpoena or other court order.
"If content is found by a court to be defamatory, we will, of course, remove it immediately."
Ms Port told the New York Daily News that the model should blame herself for all the publicity.
"This has become a public spectacle and a circus that is not my doing. By going to the press, she defamed herself," Ms Port said.
She added that she would sue Google for failing to protect the rights of its users. Her attorney, Salvatore Strazzullo, said that Google would be charged with breaching "its fiduciary duty to protect her expectation of anonymity".
"I feel proud to live in a country where you're not persecuted for your opinions," Ms Port said. "That right has to be protected.
"Even though people are now taking shots at me on the web, I believe those people have a right to their opinions — and their anonymity," she told the Daily News.
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
1998
£47,955
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
Check your free Experian credit report before applying
Car Insurance
to £60K + bonus (OTE £90k)
Lord Search & Selection
Location Flexible
PwC’s Consulting practice helps businesses of all shapes
and sizes work smarter and grow faster.
£85k
CPA
Highly Competitve
Specsavers
Whiteley, near Southampton
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
7nts - Penang £499; Borneo £699; All Inclusive £799 including flights, taxes, accommodation and private transfers
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Your Comments
Order By: