Court Order Just Issued In Regard to ...

Court Order Just Issued In Regard to Summersville Topix

Posted in the Summersville Forum

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Hello

Craigsville, WV

#1 May 3, 2010
Good news for those being harassed on topix. A court order was just issued for an individual post that was posted yesterday. The post hinted of plans to be violent against someone in the community. The post didn't even use the person's name, but based on the rest of the thread, the target was inferred and a court order was issued for a reverse IP trace... even if you have a proxy bouncer they can find you.

Those who do not know, your post can be traced through ISP to the server and then each server has identification information for an individual router (which in turn has all your personal info if you are using a residence). If you are using a public place, then once that place is located, video surveillance is pulled.

This is a victory for those who are being threatened. YAY!! Keep pushing the issue guys if you are being harassed and change WILL happen.
Sam

Craigsville, WV

#2 May 3, 2010
Yah, some people think if they use a cell phone with a data plan or satellite router to post, they can't be traced but they are individually chipped and identifiable through the provider. The provider has all the information of the phone/router's owner.

Oh well. Maybe once someone gets in trouble, people will stop. It's just a shame to ruin your life over something like Topix.
In texas too

Craigsville, WV

#3 May 3, 2010
Below is an article about a case in Texas this past February

Here are some excerpts, I couldn't include the whole article as it is too long.

"For those who frequent the threads of online forums and comfortably post comments behind the shield of anonymity, the Leshers' suit might sound surprising, or even alarming. But their lawyer, William Demond, told ABCNews.com that their actions are not unprecedented.

"This is not unusual as far as to pierce the veil of anonymity," the Austin-based attorney said. "There are certainly cases out there [although] nothing on this scale. Nothing quite this large."

Last year, lawyers for two female Yale Law School students unmasked anonymous posters who libeled the women on the college and graduate school admissions Web forum AutoAdmit.com .

But in a 2005 case, a Delaware court ruled against unveiling a blogger who had been slapped with a defamation lawsuit by a local councilman.

There's no standardized procedure, Demond said, but if a court finds that anonymous comments meet the definition of defamation, it can instruct a Web site to turn over any relevant information it has about the posters."....
1 post removed
debby

Arlington, TX

#5 May 3, 2010
In texas too wrote:
Below is an article about a case in Texas this past February
Here are some excerpts, I couldn't include the whole article as it is too long.
"For those who frequent the threads of online forums and comfortably post comments behind the shield of anonymity, the Leshers' suit might sound surprising, or even alarming. But their lawyer, William Demond, told ABCNews.com that their actions are not unprecedented.
"This is not unusual as far as to pierce the veil of anonymity," the Austin-based attorney said. "There are certainly cases out there [although] nothing on this scale. Nothing quite this large."
Last year, lawyers for two female Yale Law School students unmasked anonymous posters who libeled the women on the college and graduate school admissions Web forum AutoAdmit.com .
But in a 2005 case, a Delaware court ruled against unveiling a blogger who had been slapped with a defamation lawsuit by a local councilman.
There's no standardized procedure, Demond said, but if a court finds that anonymous comments meet the definition of defamation, it can instruct a Web site to turn over any relevant information it has about the posters."....
you cannot defame a screen name, an unknown. you do have a problem however when they are attacking a known .
In texas too

Craigsville, WV

#6 May 3, 2010
debby wrote:
<quoted text>you cannot defame a screen name, an unknown. you do have a problem however when they are attacking a known .
Yes you are correct... the anonymity part was referring to people using a fake screen name to defame or threaten real people (which we all know is going on here). The thing a lot people on here don't know is that you are not anonymous really. There is a virtual trail of breadcrumbs and if a judge orders it, they can get your name.
curiosity

Glenville, WV

#7 May 3, 2010
ok you all got me i gotta know who got threatened or whatever happened? I just read through and didnt see it. I did how ever see some petty bickering and name calling and whineing but didnt see any threats. I even saw some political midslinging which is par for the course. Please point it out. Was it on summersville topix?
Orrrrr

Craigsville, WV

#8 May 3, 2010
you can sit outside a hotel or McDonalds or even a neighbors house and log into their unsecured wireless router and then send all the crap you want anonymously! What happens when they try to prosecute your neighbor instead of the person thats guilty?
Good point

Craigsville, WV

#9 May 3, 2010
Orrrrr wrote:
you can sit outside a hotel or McDonalds or even a neighbors house and log into their unsecured wireless router and then send all the crap you want anonymously! What happens when they try to prosecute your neighbor instead of the person thats guilty?
That's probably when they would pull security cameras (if they were there which a hotel or McD would likely have)... and if a car in the parking lot had negative associates with the victim, they would likely be questioned. Also, they would have to use a computer and not a cell since cells are traceable. As far as the neighbor, that's why we should all have passwords on our internet service. It will be interesting to see how these cases (this one in Summersville as well as those popping up across the states) turn out.
Oh My

United States

#10 May 3, 2010
Did they have the post removed? Were they specifically threatening someone's life? Hopefully, something can be done. That's just a little bit too serious!!!
About time

United States

#11 May 3, 2010
Hello wrote:
Good news for those being harassed on topix. A court order was just issued for an individual post that was posted yesterday. The post hinted of plans to be violent against someone in the community. The post didn't even use the person's name, but based on the rest of the thread, the target was inferred and a court order was issued for a reverse IP trace... even if you have a proxy bouncer they can find you.
Those who do not know, your post can be traced through ISP to the server and then each server has identification information for an individual router (which in turn has all your personal info if you are using a residence). If you are using a public place, then once that place is located, video surveillance is pulled.
This is a victory for those who are being threatened. YAY!! Keep pushing the issue guys if you are being harassed and change WILL happen.
Great news, who issued the order? And where? How did you find out?
fools

United States

#12 May 3, 2010
well after reading this i started investigating.This is pure crap, no order was issued someone has started this because they have some person talking about them call the court house and ask the court clerk see for yourself.
Hello

Craigsville, WV

#13 May 3, 2010
Just thought I'd reply to the naysayers. It is true. It was issued for a Summersville topix by a federal judge. I promised I wouldn't tell which thread because the person does not yet definitively know the person who posted the threat and also... they don't want that person to see it coming.

So post if you want, the risk isn't mine. Why post lies anyway people, seriously?
1 post removed
Hello

Craigsville, WV

#15 May 3, 2010
Here is one from Illinois.

WeatherGuard Construction filed a lawsuit last week, against 18 anonymous "John Doe's" who posted in a TOPIX Forum regarding their company.

Here is a link to the 12 page complaint for: "Libel/Slander"
http://www.il linoisconstructionlawbl...oes% 201-18.pdf

I'll post more later this weekend perhaps; I'll be busy the next few days. But hang in everyone, get off topix and enjoy life :)
Hello

Craigsville, WV

#16 May 3, 2010
fools wrote:
well after reading this i started investigating.This is pure crap, no order was issued someone has started this because they have some person talking about them call the court house and ask the court clerk see for yourself.
I may have been unclear in my original post. The court order was to get the ISP or IP of the poster, no one has been arrested yet.
Geez

United States

#17 May 3, 2010
Finally someone in this county is taking the libel and slander that is rampant on this site seriously.
Hmmm

United States

#18 May 4, 2010
We will see, could be more silly topix gossip. I have heard this before. The difference between the article Hello posted and random topix BS is that was a company, not an individual. Showing financial harm is needed in that kind of lawsuit. Pretty hard to show you were financially harmed because of what some idiot said on topix, however threatening someone is a different story.
ODell Cousin

Warrendale, PA

#19 May 4, 2010
A pyromaniac leaves after the fire he/she created, goes out. IMO, the same applie's to the bull that happens here. It's only fun while the flames are fed (people respond heartily). Don't "feed the fire", and the pyro'rumor'ac will stop.

Did you ever stop to think, maybe the person starting the rumor, is also the "victim", craving attention in his/her boring life...even if it IS just pixels on a page?
Not True

United States

#20 May 4, 2010
Hello wrote:
Just thought I'd reply to the naysayers. It is true. It was issued for a Summersville topix by a federal judge. I promised I wouldn't tell which thread because the person does not yet definitively know the person who posted the threat and also... they don't want that person to see it coming.
So post if you want, the risk isn't mine. Why post lies anyway people, seriously?
A one day post on topix would not interrupt the time or schedule of a federal judge to issue a order, nor would a local judge jump the gun without due process...this poster is a liar. Go to southern WV federal court and review cases and orders, none for WV listing anything about topix,,..
think I know

Glenville, WV

#21 May 4, 2010
Well thats the truth.. I think I know who hello is just read some other threads and it will make sense why they started this post and it looks like O-dell cousin is right. Just so everyone knows Not true is right as well. It would take a while to get a Judge involved. Just look at this thread it went from some one is going to jail for threatening someone, well hinting at a threat to someone who is getting sued for being slandered. then they swear its true but wont be around for a while. Just them getting on here would hurt the case they are threatening back come on people. here's the way it works if something would get that bad the thread would disapear and they would track everyone not just the slanderer or the threatener there are a lot of steps involved so if someone does rip you or threatens you you had better not have been on that thread it could be construde as instagation and any kind of response back could be a threat also. I know its sad but its the way it works and if you really look into those cases all they did was run the liablers through the courts no jail and the only money was settled out of court. I'm not saying we can get on here and threaten people either some common decency should be used and yes everyone gets mad and offended just let it go if it gets bad enough you won't have to do a thing others will step in either on here or through the courts.
UVA Attorney

Fairport, NY

#22 May 4, 2010
This doesn't seem possible, at all. First off, there is no information on Lexus Nexus about a FEDERAL or STATE court order, nothing in yesterday's public court records either. For one thing, the poster claims the post was on Sunday and then the order to compel was given Monday. That is the fastest I have EVER seen in my life. Also, to issue such an order a case must be filed first, otherwise what are you issuing the motion to compel on?

Secondly, if you refer to the Leshers v Topix case (the ONLY one that has reached a judge to issue an order for IP addresses) the Leshers were given IP addresses from the thread in question. JUST IP addresses from TOPIX. It was up to them to take those addresses to individual Internet Service Providers to then find account information. However, the judge did not compel the ISPs, so they had no legal recourse to comply. The Leshers got nowhere.

If this were true, then a CRIMINAL case must be built first. The Prosecutor would have to get subpoenas for the IP addresses from Topix, the account information from ISPs then one for the computer in question. IF and only IF burden has been met and probable cause is evident. However this is EXTREMELY hard to do and takes MUCH longer than a day. That is why the KY attorney general decided to go into negotiations with Topix about their post removal fee and NOT individual posts.

I don't know what the original poster is trying to prove here, but this thread is based on absolute untruths. I guess he is trying to "scare" people into stopping the threads. I agree they are stupid, but you should research criminal law a little more before you try to lie to the forum.

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