Information Technology & Outsourcing February 2008 Updates

California's New Standard for Identifying Anonymous Internet Posters

Companies face the difficult issue of protecting themselves from cybersmears by anonymous Internet users. One of the most problematic issues is determining which standard must be met by a plaintiff to obtain the identity of an anonymous poster who has used the Internet to spread defamatory statements.

The Sixth Appellate District Court of Appeal in California recently weighed in on the different standards used to determine when a plaintiff can compel the disclosure of an anonymous Internet poster's identity, thereby adding to the complexity plaintiffs face. This decision can impact a company in two ways. First, it impacts when a company can obtain information regarding an anonymous poster who may be making defamatory statements regarding the company, or its executives. Second, while a commercial Internet service provider was at