Abstract

http://ssrn.com/abstract=1565132
 
 

Footnotes (9)



 


 



The Unmasking Option


James Grimmelmann


University of Maryland Francis King Carey School of Law

March 4, 2010

Denver University Law Review Online, Vol. 887, No. 23, 2010
NYLS Legal Studies Research Paper No. 09/10 #28

Abstract:     
In the recent "Skanks in NYC" case, the plaintiff dropped her defamation lawsuit once the court had unmasked the John Doe defendant. Although the plaintiff was criticized for her seemingly pretextual use of a lawsuit, the outcome was substantively just. The harasser got almost exactly what she deserved for trying to humiliate her victim: embarrassment of her own.

This brief essay discusses a counterintuitive proposal inspired by the Skanks in NYC case: that the law unmask anonymous online harassers as a substitute for litigation, rather than as an aid to it. Identifying harassers can be an effective way of holding them accountable, while causing less of a chilling effect on socially valuable speech than liability would. While the proposal itself is probably unworkable, decoupling anonymity from liability enables us to understand more clearly what’s at stake with each.

Number of Pages in PDF File: 8

Keywords: privacy, anonymity, defamation, John Doe subpoena, Internet harassment

JEL Classification: K00

Accepted Paper Series


Download This Paper

Date posted: March 5, 2010  

Suggested Citation

Grimmelmann, James, The Unmasking Option (March 4, 2010). Denver University Law Review Online, Vol. 887, No. 23, 2010; NYLS Legal Studies Research Paper No. 09/10 #28. Available at SSRN: http://ssrn.com/abstract=1565132

Contact Information

James Grimmelmann (Contact Author)
University of Maryland Francis King Carey School of Law ( email )
500 West Baltimore Street
Baltimore, MD 21201-1786
United States
Feedback to SSRN


Paper statistics
Abstract Views: 468
Downloads: 49
Footnotes:  9

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.312 seconds