Google Told To Reveal IP Addresses Of Mean YouTube Commenters
from the anonymity-ain't-so-anonymous dept
Back in August we wrote about yet another case involving someone trying to unmask "mean" commenters online. In this case, it involved a consultant named Carla Franklin who was upset that some commenters on a YouTube video had referred to her as a "whore." As we noted at the time, there was some irony in the fact that in the video, Ms. Franklin advises people: "Don't take things so seriously." And, of course, by suing, Ms. Franklin's name has been splashed across the news, along with the fact that she doesn't like being called a whore. Now, as upsetting as it may be to be called a nasty name, chances are very few people would have ever seen these comments, and those that did would not have cared much about random anonymous internet commenters saying something immature. But, by suing, she's called a lot more attention to the whole thing.Either way, a judge has now ordered Google to hand over the IP addresses of those who made the comments. It's unclear exactly how much Google fought this, though Google isn't always known for fighting to protect the anonymity of its users. It's unfortunate that more and more judges seem quick to demand turning over IP addresses for commenters who are obviously just making dumb comments no one's going to take seriously. But, even if the commenters are revealed, it's hard to see how Ms. Franklin is somehow better off now than if she had just not taken the whole thing so seriously.
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Filed Under: carla franklin, ip addresses, mean commenters, privacy, youtube
Companies: google
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I'm sure there is a way to bypass that, but most don't know about it.
Now if we are talking old accounts then it would be another story.
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IP addresses are utterly useless as personal identifiers
If it were otherwise, then we might be asking why Microsoft was providing DNS for illicit pharma spammers last week. (Answer: their network, like everyone else's, also has compromised systems on it.)
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Re: IP addresses are utterly useless as personal identifiers
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Good goodness, you're silly, Mike.
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Yah really worth all the abuse she will endure for a second time, there are things the law can't "fix", but people could avoid it just by ignoring it.
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Good goodness, you're silly, Mike.
This all coming from someone who is posting anonymously?
Hey Mike, I wanna sue this clown for being an idiot. Send me his IP addy, will ya?
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Unless you're a lawyer.
Or a law student.
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I'm sorry, you are not apt for surviving in this era. Please head to the nearest reprocessing center where you will be broken into sub-atomic particles that will be released into nature. Hopefully, one day, they will be part of a multi-cellular organism that isn't as stupid.
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Re:
Ah, your compulsion to lie about what I said knows no bounds. I did not say that "anytime" someone files a defamation suit, it doesn't make sense. But I do believe that one ought to take the context into question and then judge whether filing such a lawsuit would make you better off or worse off.
It scares me that you're about to give people legal advice and you don't think it makes sense to weigh the pros and cons of the reaction to filing a lawsuit. What do they teach you in law school?
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:) fixed that for you
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fixed that for you :-)
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Honesty's not your strong suit. That's a problem with intellectually dishonest people such as yourself.
And what exactly did the judge do wrong? It's scary to me you think the judge did anything wrong. I know you can't back that one up, bud.
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Why SHOULD she get this persons personal details? Why?
I KNOW you cant back that one up, bud.
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Come get me.
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I did not lie. I made the point that one should take into account the pros and cons before filing a lawsuit, and your response was to claim that meant I was saying you should never file a lawsuit. Taking that implication to the obvious conclusion, you believe that I was wrong in suggesting one should take into account the pros and cons of a lawsuit.
Now you're claiming that's a lie. So now I'm confused, because that means your original statement makes no sense.
Honesty's not your strong suit. That's a problem with intellectually dishonest people such as yourself.
You amuse me. Your childlike need to take every point I score against you and then pretend to score it against me only serves to highlight your immaturity. I would suggest that growing up might do you a world of good, but it seems unlikely to happen any time soon.
And what exactly did the judge do wrong? It's scary to me you think the judge did anything wrong. I know you can't back that one up, bud.
Anonymous speech is protected under the First Amendment, unless there are clear cases of defamatory speech. A comment on YouTube referring to someone as a whore, taken in context, where no one is likely to take it seriously, should not meet the standard to reveal the commenter. Judges have pointed out that online forums are more akin to random chit chat, and should not be taken seriously as statements of fact.
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Now you're claiming that's a lie. So now I'm confused, because that means your original statement makes no sense.
Mike, I was commenting on the fact that as far as I have ever seen, you never side with the plaintiff. Can you point me to one of your posts where you thought the plaintiff was right to bring a suit? If not, I'll stand by my observation that you never think it's a good idea. If you want to disprove that, simply point me a counterexample.
You amuse me. Your childlike need to take every point I score against you and then pretend to score it against me only serves to highlight your immaturity. I would suggest that growing up might do you a world of good, but it seems unlikely to happen any time soon.
And your shortsightedness amuses me. You're such a silly creature, Mike.
Anonymous speech is protected under the First Amendment, unless there are clear cases of defamatory speech. A comment on YouTube referring to someone as a whore, taken in context, where no one is likely to take it seriously, should not meet the standard to reveal the commenter. Judges have pointed out that online forums are more akin to random chit chat, and should not be taken seriously as statements of fact.
It's hilarious that you think the First Amendment trumps all. You seem to have absolutely no understanding of the intricacies and nuances of First Amendment doctrine. Nor do you understand the duties of judges. It's made all the more funny by the fact that you run a website where you pretend you understand all of this stuff. It's way over your head.
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Took me all of 3 minutes to do one search and find an article from 3 weeks ago.
http://www.techdirt.com/articles/20100927/16595811186/privacy-international-plans-to-sue-acs -law-for-mishandling-information-on-those-it-threatened.shtml
While Mike didn't come straight out and say 'it is a good idea', so without putting word in his mouth, I would imagine that he agrees with the plaintiff in this case.
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http://www.techdirt.com/articles/20100927/16595811186/privacy-international-plans-to-sue-acs -law-for-mishandling-information-on-those-it-threatened.shtml
While Mike didn't come straight out and say 'it is a good idea', so without putting word in his mouth, I would imagine that he agrees with the plaintiff in this case.
LOL! That's someone suing one of his most-hated copyright "troll" companies. Of course he thinks that's a good idea.
This thread is about defamation, not suing trolls. I've yet to see him agree with the plaintiff in a defamation suit. Nor have I ever seen him agree with the plaintiff in an IP case.
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Also, this is a blog, not a news organization. The blog is devoted to disusing bad legal choices and while Mike does throw in articles about good legal precedents/cases/decisions - it isn't the primary purpose of the site.
Speaking of which, why don't you start your own blog - you could call it something like Thoughts of a Disingenuous Bastard. Then you can write about how everyone should always be suing someone and talk about how the plaintiff is always right. If you're looking for "fair and balanced"** try Fox news.
**Fox news does not guarantee that any of it's programming is fair or balanced. Any implied expectation of reason, critical thinking, or intelligence is not warranted or promised by Fox news.
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And I actually have my own site with lots of active members. Thanks, though.
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Please don't click the Report button on tripe like this. Let their statements stand and fall on their own.
Can't tell anyone what to do, but unless one has onion-paper thin skin, I see no reason to report anything but spam, or perhaps *extremely disturbing, threatening stuff.
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whore
and yes, you can give her my ip
i would love to have her sue me for my constitutional rights to have an opinion about her.
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Re: whore
Stupid Bitch Dumb Cunt, take my IP and play with it :)
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Re: whore
You don't have a right to lie about someone, even if you call it your opinion. "In my opinion, you just stole $1,000,000 from the bank. You are a thief. And a terrorist, not to mention a child molester. But that's just my opinion, even if in my opinion I saw you do it all."
However, this who...chick is stupid. Now everyone will know she is a who...paranoid person who does more harm than good to her reputation.
She will have to prove she is not a whore. And perhaps the judge will ask her personal questions. Besides, I have photographs (or watercolors) to prove she is (in my opinion).
Hmm. Maybe I should create a fake IP address just to be sure I don't get a visit from the FBI. Or a whorehouse looking for new employees.
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you just don't get it do you?
A. is a lawyer,
B. is litigiously over stimulated, and/or
C. Just doesn't get it
why?
Knowing the IP Address of the computer where an Internet post originated is useless. The most it can tell you is what ISP they were using. Dynamic Addresses change all the time. My Address could be xxx.xxx.xxx.xx1 today and if I don't login for 3 days it WILL be a different the next time I log in and the xx1 address will be assigned to another user.
Also IF after you get the IP address from google, you then have to get the ISP to give up the account info that the xx1 address was assigned to on a given day. That is going to take a court order as well.
Then you STILL don't know who posted it. If that xx1 address belongs to a company it could be anyone of 100's or 1000's of PC's and they are not going to tell you anything with out a 3rd order.
If it belongs to an individual there could be many computers in that house or an Ipod or Iphone, So even if you get to the actual device that posted, Can you prove WHO posted? not likely! and IF you do, what are you going get out of it?
-???
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Re: you just don't get it do you?
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If someone wants to use the law to get personal details, let them go bug the user's e-mail provider or web host too. Maybe the phrase "our system can't match users to their IPs" will discourage them from even trying.
(IP logging will be limited to Apache logs with a lifetime of maybe a week (two at most) used only for handling attacks against the site.)
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Do it from an open wifi
If you care that much to comment on stupid videos and blogs to the point of calling the poster or blogger names, find an open or public wi-fi connection and send the comment from there. Stay away from the library, office or home.
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How many times will the web now have her name and that profession in one sentence?
Is this a case of blonde on the inside?
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I get 1,150,000 results for "Carla Franklin Whore" (without quotes) on Google... That's an epic fail indeed.
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Interesting side note: If I type "Carla Franklin is a whore without quotes" (without quotes) google asks if I meant "Carl Franklin is a whore" and returns 225,000 hits.
Poor Carl, he's the real victim here.
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Tolstoy
More side notes:
I wonder what Tolstoy would have said about Carla Franklin....
Had he lived in present day America, he'd have spent his entire life in court rooms instead of writing books.
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Well that is just silly...
That's just rude and inconsiderate. I would never say, "Carla Franklin is a whore". But if someone else were to say "Carla Franklin is a whore", then I guess it would be their constitutional right to say that Carla Franklin is a whore, whether Carla Franklin is actually a whore who fucks for money or not. I mean, really, we have no proof if Carla Franklin is a whore, since I don't believe she has formally denied the fact that she is a whore. But I'm going to give her the benefit of the doubt, if I really cared.
Just so we are clear, I would never say that "Carla Franklin is a whore", since I have no idea who she is to even have an opinion on her taking money for sexual favors or not.
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sheshouldgetjailtime
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whatisthis?
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whatisthis?
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She Should Sue
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Re: She Should Sue
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When did I ever say that one should not weigh the pros and cons of filing a lawsuit? I never said that. That doesn't stop you from lying about it though.
Honesty's not your strong suit. That's a problem with intellectually dishonest people such as yourself."
circular logic employed like a religionist.
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Definitions and context
Wow.. isn't that the other non sexual definition of Whore?
Therefore it seems in my personal opinion that Ms Franklin is acting whorish and is therefore justified in being called a whore.
If your reading Ms Franklin (or her counsel) you can easily find my details by following the links on my profile here at Techdirt. I'd be glad to receive correspondence.
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Sue
(but the gravatar never lies)
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Let's give it a shot!
There!
Mike, I authorize you to give my IP address to Carla Franklin, and let's just see if she can reach me, and where this is going to take us! :P
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Technical Question
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Carla Franklin is a whore
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It is not okay to bully and harass someone. I support these measures to stop bullying and bigotry. Fact is, science has proven that mental and emotional harm do ten times the damage physical harm does. So yes, "mean comments" can cause real harm that should be punished. It's time people with mental illness get rights and protections.
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