[LINK] reveal or not? Court says reveal

[Jan Whitaker]

[the lines of exposing bad behaving people and protecting others is a 
balancing act. This is being presented on ABC Radio Melbourne as a 
landmark decision]

http://www.theage.com.au/technology/technology-news/model-forces-google-to-reveal-skank-bloggers-identity-20090819-epz0.html
Model forces Google to reveal 'skank' blogger's identity
Asher Moses
August 19, 2009 - 1:50PM

A former Vogue Australia cover girl has won a landmark court battle 
to reveal the identity of an anonymous blogger who called her a 
"skank" and an "old hag".

Model Liskula Cohen sued Google in January in the hope of forcing the 
company to reveal the person responsible for allegedly defamatory 
comments on a blog called Skanks in NYC, which was hosted by Google's 
Blogger service.

"I would have to say the first-place award for 'Skankiest in NYC' 
would have to go to Liskula Gentile Cohen," the anonymous blogger wrote.

"How old is this skank? 40 something? She's a psychotic, lying, 
whoring, still going to clubs at her age, skank."

Cohen, who is actually 37, believed the posts were defamatory but was 
forced to take action against Google in order to unmask the blogger's 
identity before she could take further action.

On Monday in the US, Judge Joan Madden ruled that Cohen was entitled 
to sue the blogger for defamation and, in an unprecedented move, 
forced Google to provide the blogger's name.

The name will presumably be revealed in court. It is unclear when the 
matter will return to court.

The tall, blonde Canadian, who is based in New York, has modelled for 
Giorgio Armani and Versace and appeared on the cover of the 
Australian edition of Vogue.

But Cohen's modelling career ground to a halt in January 2007 when a 
man stabbed her in the face with a broken glass, requiring her to get 
46 stitches, the New York Post reported.

The man, who was sent to jail, became angry after she objected to him 
stealing a bottle of vodka from her table.

Judge Madden rejected the claims by the blogger's lawyer that the 
comments were mere opinion or "trash talk", and that only factual 
assertions could be considered libellous.

"The thrust of the blog is that the petitioner is a sexually 
promiscuous woman," Judge Madden wrote in her judgment, noting that 
the comments were run alongside photos of Cohen in suggestive poses.

The blog, which was shut down in March, was almost entirely devoted 
to slagging off Cohen. It contained just five entries, all of which 
were published on August 21 last year.

"I really hope it's not somebody I know," Cohen told the New York Post.

"I'm a human being. I bleed. I have feelings. When I saw that blog, 
it was awful. All I can say for this person is, I really truly hope 
that they have more in their life than this."

Cohen's lawyer, Steven Wagner, told reporters that he hoped the 
decision would send a message that the internet was "not a free-for-all".

Anne Salisbury, the lawyer for the blogger, warned that the ruling 
would open the "floodgates" for anyone who has been the subject of a 
nasty comment online to take legal action.

A Google spokeswoman said: "We sympathise with anyone who may be the 
victim of cyber bullying. We also take great care to respect privacy 
concerns and will only provide information about a user in response 
to a subpoena or other court order."

In July, a landlord filed a lawsuit against a Chicago woman for 
writing on Twitter that her apartment was "moldy".

The landlord claimed the tweet damaged the company's reputation, even 
though the woman had only 20 Twitter followers at the time.


Melbourne, Victoria, Australia
jwhit at janwhitaker.com
blog: http://janwhitaker.com/jansblog/
business: http://www.janwhitaker.com

Our truest response to the irrationality of the world is to paint or 
sing or write, for only in such response do we find truth.
~Madeline L'Engle, writer

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