N.C. Super.: Ruling upholds online confidentiality

Charlotte Observer

News organizations would not be forced to give up the identities of online commenters on news articles, according to a pre-motion ruling in Gaston County Superior Court this week.

http://www.charlotteobserver.com/2010/07/31/1593029/ruling-upholds-confidentiality.html#ixzz0vSUcz6GS

Corbett v. Twitter

Corbett v. Twitter

STATUS: Dropped

Pennsylvania prosecutors sought a grand jury subpoena to Twitter, demanding the identity of two account holders , allegedly because they criticized the state attorney general. They said the identity of the Twitterers mattered if one was a defendant in a political corruption investigation, because it would show the defendant had a bad attitude that should earn him a higher sentence. According toa spokesman, the grand jury subpoena was dropped on May 21, 2010.

The two Twitterers, CasablancaPA and bfBarbie both received an e-mail from Twitter on Tuesday saying the company would respond tot he subpoena in a week 'unless we receive notice from you that a motion to quash the subpoena has been filed or that this matter is otherwise resolved."

Links and court documents
Subpoena (May 6, 2010)
Pennsylvania AG Dropping Twitter Subpoena, Wired, May 21, 2010
Pennsylvania Attorney General Tries to Unmask Twitter Critics, Wired, May 19, 2010

CRIMINAL CASE: U.S. v. White, Crim. No. 08-00054 (W.D. Va.. 2008).
Status: Conviction on four of seven counts.


Although similar charges in Illinois federal court were dismissed, neo-Nazi leader William White was separately charged with several crimes stemming from alleged threats that he sent via e-mail and posted on his website (www.overthrow.com; now defunct).

The court denied a motion to dismiss the claims on First Amendment grounds on Dec. 3, 2009, and the trial began the following week. 

After a eight-day trial, the jury convicted White on four counts, involving threats to a Citibank employee from Missouri, an  administrator at the University of Delaware, a human rights lawyer from Canada and two tenants of an apartment complex in Virginia Beach.  The jury acquitted White on two counts alleging threats against nationally syndicated Miami Herald columnist Leonard Pitts, and the former mayor of South Harrison township, N.J.   It also acquitted White on a charge that the threats against the Citibank employee were made with intent to extort.

White could be sentenced to as much as 35 years in prison.






Links and Court Documents:
Leader of American National Socialist Workers Party Indicted, U.S. Dept. of Justice (press release), Dec. 11, 2008 (pdf)
Dismissed charges in Chicago might not affect Roanoke case, Roanoke Times, July 26, 2009.
Trial could have anonymous jury, Roanoke Times, Nov. 26, 2009.
Judge: White trial will proceed, Roanoke Times, Dec. 3, 2009.
Neo-Nazi White's trial begins today, Roanoke Times, Dec. 9, 2009.
U.S. v. William White trial blog, Roanoke Times
Jury finds White guilty on 4 counts, Roanoke Times, Dec. 19, 2009.

CRIMINAL CASE: Oklahoma v. King (2008 criminal defamation investigation)

Status: No charges filed

Separate criminal complaints were made by Pittsburg County, Okla. District Attorney Jim Bob Miller; and Billie Jean Stipe, and her son Wayne Stripe of McAlester, Okla., against McAlester Watercooler (http://www.mccooler.net/) publisher Harold King. (Billie Jean Stipe is the widow of businessman Francis Stipe, who was the brother of former State Senator Gene Stipe, who filed a 2005 complaint against the same site.) After Miller recused himself, the case was referred to Kay County District Attorney Mark Gibson for investigation.  Although no charges were filed against King over the site, although District Attorney Miller agreed not to seek re-election as part of a deferred prosecution agreement over his efforts to discover the identities of posters to the McAlester Watercooler site.

CRIMINAL CASE: U.S. v. Turner, Crim. No. 09-542 (N.D. Ill. 2009), moved, No. 09-____ (E.D. N.Y. 2009).

Status: Mistrial declared Dec. 7, 2009; retrial scheduled for Feb. 1, 2010.


On June 3, 2009, blogger and Internet radio host Hal Turner, a white supremacist who broadasct from his home in North Bergen, N.J., surrendered to police for comments on his program that were alleged to constitute threats to two Connecticut elected officials and a state ethics official (see Connecticut v. Turner).

Two weeks later, the FBI arrested Turner for alleged threats against three judges of the federal 7th Circuit Court of Appeals in Chicago. In September, the case was moved to the federal district court in Brooklyn, N.Y., where trial began Dec. 2, 2009.  After a four-day trial, the jury announced that it was deadlocked and Federal Judge Donald Walter declared a mistrial.  A retrial is scheduled for Feb. 1, 2010.

His lawyer is arguing that the comments were "political hyperbole" protected by the First Amendment.

Links and Court Documents:

U.S. v. Turner (Citizen Media Law Project)
Blogger arrested in threats on federal judges (Chicago Breaking News Center, June 24, 2009)
Tracing Xenophobic Internet Chatter to Its Roots in New Jersey Town (New York Times, June 30, 2009)
Man accused of judge threats called FBI informant (Associated Press, July 28, 2009)

Blogger charged with threatening judges free on bail (NorthJersey.com, Oct. 22, 2009)
Trial Over Death Threats Against Federal Judges Could Test Free Speech Rules Online (National Law Journal, Nov. 24, 2009)
Two Views of a Radio Host on Trial Over Threats to Judges (New York Times, Dec. 3, 2009)
Mistrial in case of Internet shock jock Harold (Hal) Turner, charged with threatening to kill judges (New York Daily News, Dec. 7, 2009).
>>  Complaint

CRIMINAL CASE: Florida v. Isaias Antonio, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Victor Cruz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Felix Cuevas, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Richard Figueroa-Santiago, No. 08-021458CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Antonio Germiniano, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Devin Goldie, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Miguel Jimenez, Jr., (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Erik Hernandez, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Uriel Lujan, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Yan Rocha, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Obduella Soto, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Pablo Ortega, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Priscilla Ortiz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Elvis Eladio Rodriguez, No. 08-000169CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Marcos Santiago, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).

In what appears to be the first use of a new Florida law that criminalizes the promotion of gangs on the Internet, the Lee County Sheriff’s Office arrested 15 men over the contents of their MySpace pages, which prosecutors claim advertised and promoted gang membership.
The suspects ranged in age from 14 to 58 years old, and from those with long criminal records to those with no previous arrests. Prosecutors contended that many of them had displayed their gang membership and criminal intentions on MySpace and other web sites. Examples cited by prosecutors included a 15-year-old's "hit list" of "people I wanna kill," and a 14-year-old's posted pictures of himself dressed in gang colors and displaying gang hand signals.
On August 4, Florida District Court Judge Ramiro Mañalich heard arguments from attorneys from two of the defendants, Richard Omar Figueroa-Santiago and Elvis Eladio Rodriguez, both contending that the statute is unconstitutional.
It is unclear whether Judge Ramiro Mañalich has decided the question, but the case is proceeding, with a pre-trial conference held on Dec. 8.


Case Information and Links:

14 accused gang members arrested in Internet recruiting bust (Naples News, Nov. 14, 2008)
Lee County notches 15th arrest in effort to curb gang activity via the Internet (Naples News, Nov. 17, 2008)

Busted on Myspace: Two men headed to court for gang material on Web sites (Naples News, July 28, 2009)
Are gang-related Web postings illegal? Judge listens to arguments (Naples News, Aug. 4, 2009)

CRIMINAL CASE: Commonwealth v. Ruffino, No. _____ (Mass. Dist. Ct., New Bedford filed Nov. 22, 2009).

Status: Pending.

Massachusetts police arrested Matthew Ruffino and Jason Foley after they allegedly posted a rap video on YouTube and MySpace that curses Ruffino's former probation officer and a state police trooper who ticketed Ruffino for driving with a suspended license. Both are cited by name in the video, followed by sounds of gunshots.

Ruffino and Foley are charged with threats to commit a crime, threats to use a firearm and witness intimidation. Both pleaded not guilty.  On Nov. 30, they were denied bail.

Links and Court Documents:
Bail denied for local pair charged with threatening law enforcement officials in rap video (South Coast Today, Dec. 1, 2009)
Rap Video Threat Suspects Plead Not Guilty, More Arrests Possible (Associated Press, Nov. 23, 2009)
Singers arrested for YouTube video threatening cops (Boston Herald, Nov. 24, 2009)
508 Productions test First Amendment limits (South Coast Today, Nov. 24, 2009)

CRIMINAL CASE: U.S. v. Drew, Crim. No. 08-00582 (C.D. Cal. indictment filed May 15, 2008).
Status: conviction on three misdemeanor charges, acquittal on three of the felony charges, hung jury on one felony charge (C.D. Cal. Nov. 30, 2008); felony charge dismissed (Dec. 31, 2008); convictions rev'd on post-trial motions (preliminary ruling July 2, 2009).


Lori Drew created a fake MySpace page as part of scheme to find out how a particular 13-year-old girl felt about the woman’s daughter. She posed as a boy who flirted online with Megan Meier for a month. Then another girl who had a password to the account began sending nasty e-mails to Megan, and sent an e-mail breaking off the apparent relationship. Megan then committed suicide.

In early December 2007, St. Charles County prosecuting attorney Jack Banas announced that there was insufficient evidence to file harassment, stalking or child endangerment charges against Drew. Federal prosecutors in Missouri also said there was no basis for prosecution.

But in May 2008 a federal grand jury in California issued an indictment for conspiracy and computer fraud. The indictment claims jurisdiction with the California court based on the location of MySpace’s headquarters. On June 12. 2008, Drew pleaded not guilty. In August, the Electronic Frontier Foundation submitted a brief seeking dismissal of the case, arguing that the prosecution is misapplying a federal computer fraud statute.

In late November a jury convicted Drew of three misdemeanor charges of accessing MySpace’s computers without authorization in order to obtain information about the 13-year-old, acquitted her of three felony charges of unauthorized access to MySpace's servers in order to cause emotional distress, and reached a deadlock on one felony charge of conspiracy (which was dismissed at request of the prosecutor).

In July 2009, the judge threw out the convictions in a preliminary ruling on post-trial motions, with a written decision forthcoming.

The prosecutor filed a notice of appeal in late September 2009, but requires approval from U.S. Solicitor General Elena Kagan before the appeal proceeds.

Links and Court Documents:
No charges to be filed over Meier suicide Prosecutor says MySpace hoax doesn't cross criminal threshold (St. Charles, Mo. Journal,  Dec. 3, 2007)
A Hoax Turned Fatal Draws Anger but No Charges (New York Times,  Nov. 28, 2007)
L.A. grand jury issues subpoenas in Web suicide case (Los Angeles Times, Jan. 9, 2008)
Woman pleads innocent in Myspace hoax suicide case (Reuters, June 16, 2008)
EFF urges judge to dismiss MySpace case (CNet News, Aug. 4, 2008)
Govt: Cyberbullying is a New Phenomenon, as is Social Networking (Wall Street Journal Law Blog, Aug. 13, 2008)
Judge tentatively refuses to dismiss Internet case (Associated Press, Sept. 4, 2008)
Judge Throws Out Conviction in Cyberbullying Case (New York Times, July 2, 2009)
Prosecutor Dismisses Felony Charge In MySpace Case (Online Media Daily,  Jan. 2, 2009)
Drew Case May Go To Higher Court (Online Media Daily, Sept. 28, 2009)
Prosecutors Drop Plans to Appeal Lori Drew Case (Wired "Threat Level" blog, Nov. 20, 2009).
>> EFF amicus brief

CRIMINAL CASE: Connecticut v. Turner, No. ____ (Conn. Super. Ct. 2009)
Status: Pending.

On June 3, 2009, blogger and Internet radio host Hal Turner, a white supremacist, surrendered to police for comments on his program and web site that were alleged to constitute threats to two Connecticut elected officials and a state ethics official. Two weeks later, the FBI arrested Turner for alleged threats against three judges of the federal 7th Circuit Court of Appeals in Chicago (see U.S. v. Turner).

In the Connecticut case, Turner was charged with inciting injury to person or property, a Class C felony. He was released after posting $25,000 bail, and his lawyer is arguing that the comments were "political hyperbole" protected by the First Amendment.

Links and Court Documents:
http://www.chicagotribune.com/community/hc-hal-turner-0612.artjun12,0,6819350.story
http://www.chicagotribune.com/news/politics/hc-hal-turner-to-surrender-0611,0,5399521.story
http://www.nytimes.com/2009/06/30/nyregion/30radio.html?ref=global-home
http://www.courant.com/news/politics/hc-hal-turner-court-0819.artaug19,0,5016631.story

CRIMINAL CASE: State v. Strom, No. _____ (Va. Cir. Ct. 2009).
Status: Pending.

On July 17, 2009, police arrested and jailed Elisha Strom on charges that the content of her blog, I HeArTE JADE, violates Virginia's law prohibiting publishing personal information, including name and address, of police officers "with the intent to coerce, intimidate, or harass." Va. Code § 18.2-186.4.

Strom's site contains photographs, names and addresses of members of the Jefferson Area Drug Enforcement task force, known as JADE. On the site, she claims that all the information came from public sources.

Links and Court Documents:
http://www.readthehook.com/blog/index.php/2009/07/30/hobby-or-harassment-blogger-strom-jailed-for-cop-site/
http://www.wsls.com/sls/news/local/article/bedford_co._woman_blogs_about_police_then_gets_arrested/42423/
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/09/AR2009080902126.html

CRIMINAL CASE: State v. Deterrance Brown, No. __________ (S.C. Cir. Ct. July 29, 2009).
Status: Pending.

The Greenwood County Sheriff's office arrested Deterrance Brown after a 19-year-old man complained that Brown had defamed him in statements on Facebook and MySpace saying that he was holding a cookout for the man “because he is HIV positive.”

Links and Court Documents:
http://www.indexjournal.com/articles/2009/07/30/news/i0730%20facebook.txt

Mink v. Salazar, Civil No. 04-B-23, 344 F. Supp. 2d 1231 (D. Colo. dismissed Oct. 26, 2004), aff’d, Mink v. Dominguez, No. 04-1496, 482 F.3d 1244, 35 Media L. Rep. 1838 (10th Cir. April 16, 2007), reh’g en banc denied (10th Cir. July 19, 2007), cert. denied, Knox v. Mink, No. 07-516, 128 S.Ct. 1122, 169 L.Ed.2d 949 (U.S. Jan. 22, 2008).
Status: Dismissal affirmed in part and reversed in part.

Thomas Mink brought a civil suit challenging the constitutionality of Colorado’s criminal libel statute, after he was threatened with a felony prosecution for mocking one of his college professor on his “Howling Pig” website (www.geocities.com/thehowlingpig/). The district court dismissed the civil suit on grounds that the prosecutor had official immunity, that Mink did not have standing to challenge the statute, since he had not actually been charged under the statute. On appeal, the 10th Circuit affirmed the dismissal of Mink’s privacy claims, but reversed dismissal of his claims against the prosecutors. Mink asked for the entire court to consider the case, but this was denied. The state then asked the U.S. Supreme Court to review the case; the Court declined, sending the remaining claims back to the trial court. The trial court then dismissed the remaining claims (566 F.Supp.2d 1217 (D.Colo. Jun 12, 2008)); Mink is appealing that dismissal to the 10th Circuit Court of Appeals, with oral argument scheduled for Sept. 21, 2009 (No. 08-1250 (10th Cir. filed July 15, 2008))

Links and Court Documents:
http://www.aclu-co.org/docket/200320/200320_description.htm
http://www.usatoday.com/tech/news/2004-01-20-howling-legal_x.htm
http://www.firstamendmentcenter.org/news.aspx?id=12451
http://www.greeleytrib.com/article/20050405/NEWS/104050057&SearchID=7322286462859
http://www.splc.org/newsflash_archives.asp?id=1160&year=2006
http://www.splc.org/newsflash.asp?id=1672
http://www.splc.org/newsflash.asp?id=1789
Initial trial court dismissal: http://www.aclu-co.org/docket/200320/200320_Ruling_dismissing_case_10-26-04.pdf
Appellate decision: http://www.ca10.uscourts.gov/opinions/04/04-1496.pdf
U.S. Supreme Court docket: http://www.supremecourtus.gov/docket/07-516.htm

CRIMINAL CASE: U.S. v. White, Crim. No. 08-851 (N.D. Ill. 2008).
Status: Charges dismissed (N.D. Ill. July 21, 2009).

William White was charged under 18 U.S.C. § 373, "Solicitation to commit a crime of violence," after he posted on his website (www.overthrow.com; now defunct) the name, home address, phone numbers, and other personal information of the foreperson of the jury that convicted white supremacist leader Matthew Hale for soliciting the murder of a federal judge.

While the postings about the jury foreperson did not explicitly call for violence, the indictment also cited other postings to the site giving detailed personal information about other individuals involved in civil rights disputes and cases which did explicitly called for violence against the individuals named.

The court granted White's motion to dismiss the charges, ruling that because his postings did not advocate harm to the jury foreperson, prosecution under the statute would violate the First Amendment.

Separate charges against White in federal court in Virginia were not affected by this ruling.

Links and Court Documents:
Charge against Roanoke neo-Nazi leader Bill White dismissed, Roanoke Times, July 22, 2009
>> Ruling dismissing charges

CRIMINAL CASE: U.S. v. Cogill, Case No. 2:08-mj-02089 (C.D. Cal. filed Aug. 27, 2008).

Status: Guilty plea; sentencing scheduled for May 4, 2009.

Kevin Cogill, a contributor to the music blog Antiquiet (www.antiquiet.com), was arrested Aug. 27 by federal agents on charges that he violated copyright laws by posting several unreleased Guns N’ Roses songs. He pleaded guilty in December 2008, and was sentenced to two months of home confinement and one year probation, and ordered to appear in an anti-piracy commercial.

Links and Court Documents:

http://www.latimes.com/entertainment/news/la-me-gunsnroses28-2008aug28,0,1985815.story

http://www.antiquiet.com/editorials/2008/09/the-united-states-of-america-vs-me/

Case information and documents: http://www.citmedialaw.org/threats/united-states-v-cogill

Criminal complaint: http://www.citmedialaw.org/sites/citmedialaw.org/files/2008-08-26-Cogill%20Criminal%20Complaint.pdf

CRIMINAL SENTENCING: Commonwealth v. Ruzal, No. ____ (Pa. C.P. 2009).
Status: Defendant sentenced to 33 days in jail

Defendant Scott Ruzal was convicted of driving while intoxicated in a March 16, 2009 trial. Before his sentencing, the prosecutor discovered that Ruzal had been sending Twitter messages during his trial commenting on the proceedings, such as “When all else fails, try ignorance. I watched four cops lie on a witness stand today and I didn’t say a word.”

At the May 7 sentencing, the prosecutor argued that the Tweets showed disrespect for law enforcement. Ruzal apologized for the drunken driving, but not for the comments, saying,“That wasn’t anything I said out of disrespect of the court. It was just an expression of a particular sentiment that I was feeling at the time.”

The judge sentenced Ruzal to 33 days in jail.

Links and Case Documents:
http://www.centredaily.com/news/local/crime_courts/story/1276320.html

CRIMINAL CASE: State v. _____ (Boulder County sheriff’s investigation) (Nov. 2006).
Status: Investigation for possible criminal libel prosecution

Boulder County sheriff’s detectives launched an investigation to determine who created a MySpace web page that purported to be a profile of a Superior, Colo. woman, but had not been created by her. The profile, named “Dirty Whore,” stated that the woman was interested in meeting “men, women and/or couples who are looking to have a fun time,” and featured photos taken from the woman’s legitimate MySpace profile. No further information is available.

Links and Court Documents:
Fake MySpace profile investigated for libel
Records sought in Web libel case

CRIMINAL CASE: Arrest of James Buss (Madison, Wis. Nov. 29. 2007).
Status: No charges filed.

On Nov. 16, 2007, James Buss, a high school chemistry teacher, pseudonymously posted comments on a conservative bootsandsabers.com blog covering Wisconsin politics that seemed to support the shooters who killed 12 students and a teacher at Columbine High School in Colorado in 1999.

Assuming the persona of a teacher-hating conservative commenting on a school funding proposal dispute, Buss wrote, “We’ve got to get in back of the kids who have had enough of lazy, no good teachers and are fighting back. Kids like Eric Harris and Dylen Klebold.” Buss was arrested two weeks later. On Dec. 4, the local prosecutor announced that he would not file criminal charges against Buss because his comments were protected by the federal and state constitutions.

Links and Court Documents:
http://www.jsonline.com/story/index.aspx?id=692024
http://www.jsonline.com/story/index.aspx?id=693765

CRIMINAL CASE: Wisconsin v. Phillips, No. 08CF309 (Wis. Cir. Ct., La Crosse County filed May 20, 2008).
Status: Guilty plea; sentenced to probation.

17-year-old Alex Phillips was charged with criminal defamation, possession of child pornography and sexual exploitation of a child after he posted naked pictures of his former girlfriend, who is 16 years old, on his MySpace profile page. He pled guilty, and was sentenced to three years of probation and 100 hours of community service. Links and Court Documents:

http://www.lacrossetribune.com/articles/2008/05/21/news/00lead.txt

Docket: http://wcca.wicourts.gov/caseDetails.do;jsessionid=0D9BAF68B0DBB4FAADF4749AC44FFC2D.render1?caseNo=2008CF000309&countyNo=32&cacheId=3E5C1C6DD08F7D8B74CA2CB75B41C9AE&recordCount=1&offset=0&mode=details&submit=View+Case+Details

CRIMINAL CASE: Wisconsin v. Bachert, No. 2007CM001559 (Wis. Cir. Ct., Waukesha County filed June 16, 2007).

Status: Prosecution deferred

Joshua Bachert, 19, of New Berlin, Wis. was charged with criminal defamation in June 2007 for a fake profile of a school police officer that he posted on MySpace. On Aug. 18, 2007, the prosecution agreed to defer prosecution as long as Bachert stays out of trouble for a year.

Links and Court Documents:

http://www.gmtoday.com/news/local_stories/2007/June_07/06162007_03.asp

http://www.gmtoday.com/news/local_stories/2007/August_07/08222007_04.asp

Docket: http://wcca.wicourts.gov/caseDetails.do;jsessionid=7E2C5A8334A924AD0ADFA0ED8D286D62.render2?countyNo=67&caseNo=2007CM001559&cacheId=F0B311BA139015260FF074E500107BAB&recordCount=1&offset=0&mode=details

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