Maine Supreme Court to Rule On Email Anonymity

PORTLAND, Maine — The Maine Supreme Judicial Court heard arguments Tuesday to determine whether the sender of a prank email that claimed to be from another person must reveal his name.

The case revolves around a Dec. 24, 2003, email that contained cartoon images of Great Diamond Island resident Ronald Fitch and his wife. The message was sent to Fitch and five other residents of Great Diamond Island, and came from a Hotmail account registered in Fitch’s name.

Fitch has sued the anonymous sender, claiming violation of privacy, misappropriation of identity, fraud, putting Fitch in a false light and infliction of emotional distress, and asked that the sender’s Internet service provider reveal his name.

On May 12, a superior court issued an order instructing Time Warner, the sender’s service provider, to reveal the identity. John Doe’s attorney filled an appeal later that month.

Paul Levy, a Washington, D.C.-based public interest attorney with the Public Citizen Litigation Group, argued before Maine’s highest court on Tuesday that revealing the anonymous sender’s name would be an invasion of the sender’s right to privacy.

“Our issue is not what happens in this case, it’s in what process the court uses in these anonymous-speech cases,” Levy said.

Levy’s group, which has filed briefs on behalf of at least two dozen cases of Internet users who want to protect their identities, proposes that Maine adopt a test by which plaintiffs seeking to have Internet users revealed must first show that they have been harmed by the speech and that a claim would prevail under state law.

Justice Donald Alexander questioned Levy’s reasoning, asking, “What possible public interest is there in protecting the identity of an identity thief?”

Levy responded that it was premature to reveal the defendant’s name because it was unclear whether this was actually identity theft or a form of constitutionally protected parody.

Tom Connolly, the attorney for Fitch, told the court that the email does not warrant any type of constitutional protection.

“This is not anonymous speech,” Connolly said. “Anonymous is non-attributed. Fraud, though is falsely attributed.”

The American Civil Liberties Union and the Electronic Frontier Foundation also filed briefs in support of the defendant.

The justices said they will issue a written decision sometime in the near future.

The case is Finch vs. John or Jane Doe, No. CV-04-078.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt signed into law last week the state’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Supreme Court Denies Stay of Texas' Age Verification Law

The U.S. Supreme Court has denied a request by Free Speech Coalition (FSC) and other plaintiffs to stay Texas’ controversial age verification law while the court decides on a petition that would effectively overturn it on constitutional grounds.

QueerCrush Relaunches Through YourPaysitePartner

QueerCrush.com has relaunched through YourPaysitePartner (YPP).

High Society Models Joins Pineapple Support as Sponsor

Talent agency High Society Models has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

LoyalFans Announces Banksie Collaboration With I-15 Billboard

LoyalFans has announced its new collaboration with content creator Banksie (formerly known as Lindsey Banks) with a billboard on I-15, between L.A. and Las Vegas.

Chaturbate Reaches Settlement With Texas Over Age Verification

Chaturbate’s parent company, Multi Media, has reached a settlement with Texas regarding the state’s controversial age verification law, HB 1181.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to curtail access to adult material in the U.S. through carefully drafted “age verification” legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Show More