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Posted by Ted Capuano on 10/25/05 01:10
On Mon, 24 Oct 2005 17:23:52 +0000 (UTC), "Richard Dewsbery"
<richard@dewsbery.freeserve.co.uk> wrote:
>Yes, it's that special time again. So please do not feed the trolls.
>Particularly the cross-posting variety.
Are you the Richard Dewsbery who wrote this to the now exposed private
mailing list "ng_abuse"?
<Quote>
ISPs have to tread warily where posters using their services are
libelling other people. Although I am not a media lawyer, I would
cite as authority for the proposition that an ISP can be liable for
acts of its subscribers the case of Godfrey vs Demon Internet.
Although the case was ultimately settled out of court by Demon, a
first instance ruling had held that they could be liable for
carrying posts authored by a third party if they didn't remove the
posts when asked from the servers.
The effect of this is to make all ISPs think carefully about whether
they want bloody nuisances as customers, as each time the nuisance
posts something insulting the victim can complain, and if the
message isn't deleted at source, the ISP gets to pay damages. After
a few complaints from different individuals, the ISP is well advised
to pull the account rather than risk missing a few deletions and
getting whacked by a High Court defamation suit.
I gather that some of the current crop of most virulent trolls may
be real people, with an academic access to the net. Either the
academic establishment is acting as its own ISP, or it has an
outside ISP - it matters not, a few cease and desist letters and
either ought to pull the offenders' net priveleges. Regardless of
what certain news server admins may think about it (letters
involving lawyers in suits usually end up on more important desks).
What we need is concrete evidence of how the messages are being
posted, and by whom and to what servers; some innocent victims who
have been the subject of defamatory postings; and some sharply-
worded letters before action to the ISP or establishment through
which the abuse has been posted. Sledgehammer to crack a nut, but
it seems that the only other solutions require us to put up with the
little gits. I'll happily help out with any letters before action -
with the provisos that I'm not an expert on defamation, nor will I
be involved in any litigation either as claimant or representative.
</Quote>
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