Orthomom, Greenbaum and Google (my thoughts)
If you've been under a rock since before the weekend, as I have, you'll just be learning about Pamela Greenbaum's attack on Orthomom (full coverage there and on Canonist). From what I've read, it seems that Greenbaum is asking Google to reveal the ID of Orthmom and her commentators because of alleged defamation and libelous comments against her, calling her a bigot and an anti-Semite. Canonist links to the the court documents, and they provide a fuller picture. The document is not a complaint (as in party A suing party B and bringing a complaint against them). Rather, it is an order to show cause, which has different legal ramifications. What Greenbaum is doing is asking a judge to subpoena Google for Orthomom's identity based on even a small chance of having a case against Orthmom. On her blog, Orthomom beats down the claims set forth one by one (here), but this document is not where Greenbaum needs to state her case or prove her allegations. All she needs to do is convince a judge that she has some chance at bringing a reasonable charge, and that without injunctive relief, in this case having the court force Google to turn over identifying information, she has no other way of pursuing her case. At this stage, the judge isn't being asked to decide whether there was defamation or libel- the judge only decides whether the claims made are considerable enough to require the other party to show up in court and present their side. So while it's easy to say that the libel charge has no standing, Greenbaum is probably hoping that the judge will decide that Orthomom needs to show up in court and present her side. I highly doubt that will happen though, because again, the libel charge is baseless so the judge will probably toss it out without involving Orthomom at all.
What I really want to know in all this is what exactly Pamela Greenbaum is thinking. Surely her lawyers have advised her that as a 'public figure' she has to be nuts to sue anyone for defamation. That's why I personally doubt that Greenbaum has any plans at all to sue Orthomom and seek damages. She's hinging everything on having Orthomom's identity revealed before the lawsuit, because she must know that her case is a loser. But having Orthomom's identity made public will unfortunately be victory enough.
The third party, Google, makes this saga even more interesting. Even though this lawsuit doesn't target Google, they have as much interesting in protecting Orthomom's privacy as she herself does. It occurred to me that when signing up for blogger, there is no privacy clause or user agreement that ensures any degree of privacy. In other words, Google has no legal requirement to protect identifying information of its users and makes no promise to do as much. But in terms of business sense, they'd lose a lot of popularity if they don't fight this subpoena.
I wish Orthomom the best in all of this and hope she comes out unscathed. Frankly, I'm amazed that she's been able to hold on to her anonymity thus far. I think that being totally anonymous on the internet is no longer possible. At least in my experience, our identities are much more transparent than we think. If Greenbaum is really so malicious and wanted to slander Orthomom in return, she could have saved face and gone about it a little more quietly, for example by sending her an email and then getting an IP address on the returned mail. From there she could have probably gotten a name quicker and without making herself out to be a total fool. But then who am I to advise a paranoid official who can't handle the slightest criticism without getting litigious?
Labels: blogging