October 06, 2005

Doe v. Cahill - Internet Law

Drudge linked to this story about the Delaware Supreme Court Decision in Doe v. Cahill. It reverses a lower Court's decision that only required one suing for defamation (aka libel, slander) to make a good faith case before being able to compel an ISP to disclose anonymous bloggers' names.

The Court said the correct standard is to require the plaintiff to make a prima facie case, (one that would withstand a defendant's motion to dismiss) before allowing the plaintiff such power to compel production of evidence. I think it is good ruling.

Download and read the opinion (pdf) here at Stupid and Wrong. Or here. Analysis at delawareonline. No joy at the NY Times. RCox at the National Debate doesn't like it.

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