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Free Speech Advocates Join Forces to Protect Anonymous S

------- Forwarded message follows ------- Date sent: Wed, 7 Feb 2001 00:11:20 -0500 Send reply to: Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM> From: Lauren Gelman <gelman@EFF.ORG> Subject: Free Speech Advocates Join Forces to Protect Anonymous Speech in Cyberspace To: CYBERIA-L@LISTSERV.AOL.COM

FREE SPEECH ADVOCATES JOIN FORCES TO PROTECT ANONYMOUS SPEECH IN CYBERSPACE

The Electronic Frontier Foundation and The Liberty Project Request Court Protection of Internet Authors' Identities

February 6- In a case involving both free speech and privacy rights online, the Electronic Frontier Foundation (EFF) and The Liberty Project asked a California court yesterday to quash a subpoena issued by Rural/Metro Corp. seeking to reveal the identities of two people who posted comments allegedly critical of Rural/Metro on a Yahoo! message board. The groups argue in their brief that Rural/Metro's attempt to reveal the identities of the individuals, known collectively as the Does, will intimidate critics and inappropriately silence constitutionally protected anonymous speech.

Rural/Metro, a provider of contract fire and ambulance services headquartered in Arizona, served the subpoena on Yahoo! Inc. seeking the identity of four speakers who posted anonymous messages on the Yahoo!'s message board devoted to discussion of Rural/Metro. Without offering a single message as evidence - or, indeed, a single fact to support its allegations-- Rural/Metro alleged in its complaint that Does posted "false, misleading and/or deceptive information" about Rural/Metro, that Does may possibly sometime in the future reveal unspecified trade secrets belonging to Rural/Metro, and that Does may be current or former employees.

EFF and the Liberty Project have agreed to represent two of the Does who contacted them about the subpoena pro bono. In the brief filed today, the groups argue that the Court should adopt the same test currently used to determine whether to compel identification of anonymous sources in libel litigation. Under that test, the Court would first have to determine that the plaintiff, in this case Rural/Metro, has a valid claim, and then balance the harm to the anonymous speakers against the plaintiff's need to discover the identity of the speaker.

"Anonymous speech has been protected in this country since the writing of the Federalist Papers. If the courts do not step in to protect this cherished right in cyberspace, we will lose it," said Lauren Gelman, EFF's director of public policy. EFF legal director Cindy Cohn added, "Powerful entities are learning that they can use the courts to silence their critics. When individuals choose to participate in a public debate anonymously, they should not have to worry that their identities will be divulged to anyone who doesn't like what they have to say."

According to Nicole Berner, counsel for the Liberty Project, "many people converse on the Internet anonymously unaware that they have become the subject of a subpoena seeking their identity before it is too late to quash the subpoena. Our hope is that the Court in this case will set a standard according to which Internet service providers and others will be able to determine when it is and isn't appropriate to disclose information that may lead to the identity of an anonymous speaker."

The Electronic Frontier Foundation ( http://www.eff.org ) is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most-linked-to Web sites in the world. EFF sees its action in this case as part of its larger mission to protect speech online and recently filed two other briefs on behalf of anonymous speakers. Information about those cases can be found on the EFF website.

The Liberty Project is a nonprofit organization dedicated to the preservation of civil liberties. Heeding Thomas Jefferson's warning that "the natural progress of things is for liberty to yield and government to gain ground," the Liberty Project was founded to promote individual liberty against encroachment by all levels of government. The organization espouses vigilance over regulation of all kinds, as well as restriction of individual liberties, especially the guarantee of free speech upon which all other liberties depend. In addition to its educational work, the Liberty Project offers legal assistance to those whose civil liberties are jeopardized.

Plaintiff Rural/Metro Corp. is represented by Hartford Brown of the law firm Seyfarth Shaw, located in San Francisco, CA, (415) 397 2823.

Contact:

Lauren Gelman, Electronic Frontier Foundation: (202)487-0420 Nicole Berner or Julie Carpenter at Jenner & Block in Washington D.C. for the Liberty Project: (202) 639-2000

The brief can be found at the EFF website at: http://www.eff.org/Legal/Cases/RMC_v_Does/20010202_does_quash_motion.h tml

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________________________________________________ Lauren Gelman Phone: 202/487-0420 Director of Public Policy email: gelman@eff.org Electronic Frontier Foundation

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