(CBS) A New York court Tuesday sided with a model attempting to unmask an anonymous blogger she accuses of cyberbullying.
Canadian-born model Liskula Cohen claims that in August 2008, a site called "Skanks in NYC" featured on Blogger.com, Google's blogging service, published pictures of Cohen with words such as "psychotic" and "ho" as captions.
Cohen, a former Vogue cover girl, first filed her suit in January of this year.
"The ruling is limited to New York State and it doesn’t look like it will be appealed so it will remain for the time being as authority over a City renown for lots of loose talk about celebrities. But this ruling does not apply to California, to Hollywood, or anywhere else these sorts of online comments could appear," CBS News chief legal analyst Andrew Cohen writes.
Steven Wagner, Liskula Cohen's attorney,told CNN that Google complied with the ruling Tuesday evening, and gave him the blogger's IP address and e-mail address.
Wagner said he suspected the creator of the blog is an acquaintance of Cohen, CNN reported.
SOURCE
EXCLUSIVE: Model Liskula Cohen Wins Court Battle with Google to Learn Blogger's Identity
Anonymous Blogger Called Cohen a 'Skank' and a 'Ho'
She had graced the cover of Vogue and found success as a model. But Liskula Cohen's latest achievement came in the courtroom.
Horrified by the hateful words of an anonymous blogger, Cohen took Google to court in hopes of forcing the company to reveal the writer's identity -- and won.
"Why should anybody let it go? If somebody attacks somebody on the street, you're not going to let it go … why should I just ignore it?" Cohen told "Good Morning America" exclusively today. "I couldn't find one reason to ignore it."
GO HERE to see more, (including video) on ABC.
Editors Note: I think it's important many of you watch the video. It's also very important that everyone understand that these articles are based on "ANONYMOUS" comments or posts.
Bloggers like JT who posts anonymously and attacks individuals could be the recipient of multiple lawsuits at this point. This is also the case for those Anti Albero Bloggers who thought they could say anything they wanted against me, my Wife, our Children and our Grandson.
I have always posted articles under my name as well as comments. Being fictitious and or anonymous may not save you from a future lawsuit if you choose to attack someone. Mind you, this decision is in the state of New York but could quickly gain the attention of local Judges, considering how some Bloggers hide behind those fictitious names.
I would strongly suggest Mr. Devanins, (Warden of the Wicomico Detention Center suing me for $150,000.00) contact Google and see if he can have the same kind of LUCK with the anonymous commenter who he claims defamed him, rather than attempting to sue me personally. Kinda screws up your whole game plan now, doesn't it Warden. Oh, that's right, I have the fatter wallet so he'll sue me anyway. It is all about the MONEY, (not justice) isn't it Mr. Devanins? I mean, you wouldn't want to go after the person who actually defamed you, would you? Time will tell.
On the other side, many will claim this is a violation of an individuals First Amendment Right. This IS a touchy subject, one in which I hope comments will resolve through good, healthy debate. I will say this however. Writing a Post and or commenting under a fictitious name and or anonymously while defaming a public figure is against the law. This is the main reason why no one has been, (or will be) successful in suing me. I always use my name as this is my First Amendment Right.
In the end, ALL of you need to be more responsible and could be held accountable when YOU go after someone and defame them. On one hand I like the ruling in the sense that it may call out certain individuals, even Department Heads who think they can get away with attacking someone with private information. On the other hand, it could slow down comments. Now, is that a bad thing, I don't think so. Just don't personally attack someone and you're safe.
This Post should get a LOT of comments. Remember, I will NOT publish a comment that spells out the JT name or what he goes by on his Blog. If you want to use JT, that's fine.
What ever happened to sticks and stones may break my bones? OR turn the computer off!!!
ReplyDeleteThis is to deep for me. I understand defaming a private citizen could be wrong and punishable, but public officials should be fair game.
ReplyDeleteanonymous 9:53, I agree. However, there's a fine line in defamation. If you knowingly and purposely make statements you know not to be true, that's when you get into trouble. JT is famous for soing such things and he will be brought down for it in the very near future.
ReplyDeleteSome Public Figures are connected with JT and actually write for him. They actually hide behind his name on the Blog as they send him the article and then he posts them under his name.
Now, when he gets sued he can do one of two things. He can either admit someone else wrote the article and he simply posted it, he would then be required to turn over the original or a Judge can place judgment against him. That's his choice. However, after multiple lawsuits against him are filed, sooner or later he's going to fold.
That being said, these Public Figures are using him as a pawn for one very smart reason, he has NOTHING!
Local Police Agencies and the States Attorneys Office have yet to file charges against him criminally, forgetting he's posting under a fictitious name, which is against a Federal law when you defame someone. His time will soon come.
what federal are you referencing; I would like to read it. Not trying to start anything, but defamation is already against the law but is a civil case, where is this criminal law statue ?
ReplyDeleteWell this also goes for you Joe. If I were you, I would be careful of who you accuse of doing what.
ReplyDeleteI have no worries, I use my name, or didn't you read that part of my Post.
ReplyDeleteIt will be over-turned.
ReplyDeleteDoug, she already got the information from Google. There's nothing to overturn.
ReplyDeleteAnonymous or not, don't defame people! As in, don't lie. Calling any woman a "ho" when she is not a paid prostitute is just plain wrong.
ReplyDeleteSalisbury's blogosphere is way too mean and nasty. Put the facts out there (they are mean and nasty enough!), post your opinion and own it, even if anonymously.
But can't we disagree without trying to utterly destroy each other?
Joe, sometimes you are bad, and I hope you'll keep trying to do better. But that JT and his clan, OMG, they are horrendous. I went there to see what all the fuss was about, and I will never go back. I have never seen so much hate! The guy actually went after a CHARITY just because YOU helped them! How sick is that?
Oh, that attic got my mind overheated I QUESS.
ReplyDeleteAll you have to do is talk in code somewhat or talk in the third person. It will make us all better writers.
ReplyDeleteThat green POS, his days are numbered. It will only be a matter of time before he finds himself in court. I'm sure TJ Maloney will come to his legal defense, maybe even Robin Cockey pro bono of course. Good grief even Mikey or JR might throw in a few bucks towards legal fees. Don't count on it.
ReplyDeleteJoe, if you sued each and every one of our local defamers for a million bucks each, and won, and paid your lawyer for the good job he'd done, you would be lucky to wind up with five bucks change.
ReplyDelete