TheNocturnalEgyptian
7th April 2010, 01:32 PM
On April 8, 2010, a precedent-setting case regarding internet law will be heard in the Ontario Divisional Court, at 161 Elgin St. in Ottawa.
The case is an Appeal of a lower court motion decision in the case of Warman vs Fourniers and John Does. The ruling being appealed stated that the defendants were to turn over personal information such as IP addresses and email addresses for anonymous posters who were alleged to have defamed the plaintiff. The defendants' position is that online anonymity should be protected until it is clear that there is a strong case that a "John Doe" has broken the law.
People post anonymously for many reasons. They discuss politics, spiritual issues, health problems and relationship problems under pseudonyms. Revealing the true identities of the people behind these usernames is an unspeakable invasion of their privacy, and should only be done when it is absolutely necessary. It should never been done simply because someone makes an accusation of libel.
Intervening at the hearing will be the Canadian Civil Liberties Association, and the Canadian Internet Policy and Public Interest Clinic. Both of these organizations will be arguing that there is a duty to protect online anonymity, and that is it not addressed in the law, as it currently stands.
The issues in this appeal have far-reaching implications for people who post anonymously on the internet, and for forum and blog owners who have a duty of care when it comes to the private information of their posters.
The internet is changing the way we live our lives in Canada, and this case will be one of the first to address the changes that need to be made in our laws to accomodate new technology.
FOR MORE INFORMATION CONTACT
Connie Fournier
connie@freedominion.ca
http://www.freedominion.com.pa
The case is an Appeal of a lower court motion decision in the case of Warman vs Fourniers and John Does. The ruling being appealed stated that the defendants were to turn over personal information such as IP addresses and email addresses for anonymous posters who were alleged to have defamed the plaintiff. The defendants' position is that online anonymity should be protected until it is clear that there is a strong case that a "John Doe" has broken the law.
People post anonymously for many reasons. They discuss politics, spiritual issues, health problems and relationship problems under pseudonyms. Revealing the true identities of the people behind these usernames is an unspeakable invasion of their privacy, and should only be done when it is absolutely necessary. It should never been done simply because someone makes an accusation of libel.
Intervening at the hearing will be the Canadian Civil Liberties Association, and the Canadian Internet Policy and Public Interest Clinic. Both of these organizations will be arguing that there is a duty to protect online anonymity, and that is it not addressed in the law, as it currently stands.
The issues in this appeal have far-reaching implications for people who post anonymously on the internet, and for forum and blog owners who have a duty of care when it comes to the private information of their posters.
The internet is changing the way we live our lives in Canada, and this case will be one of the first to address the changes that need to be made in our laws to accomodate new technology.
FOR MORE INFORMATION CONTACT
Connie Fournier
connie@freedominion.ca
http://www.freedominion.com.pa