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	<title>Eurisko Digital &#187; anonymity</title>
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		<title>Cyber poison-penner hunted down and sued</title>
		<link>http://www.eurisko.com.au/2010/02/cyber-poison-penner-hunted-down-and-sued/</link>
		<comments>http://www.eurisko.com.au/2010/02/cyber-poison-penner-hunted-down-and-sued/#comments</comments>
		<pubDate>Thu, 25 Feb 2010 00:53:46 +0000</pubDate>
		<dc:creator>Mike@Eurisko</dc:creator>
				<category><![CDATA[Digital Evangelist]]></category>
		<category><![CDATA[anonymity]]></category>
		<category><![CDATA[Censorship]]></category>
		<category><![CDATA[frenemy]]></category>

		<guid isPermaLink="false">http://www.eurisko.com.au/?p=256</guid>
		<description><![CDATA[LEGAL counsel Martin Bennett has a short message for those who allow themselves to attack reputations over the internet, imagining they are safe under the cloak of anonymity. &#8221;You can be hunted down and found,&#8221; he said yesterday. Mr Bennett has done just that for a Perth client, winning $30,000 in damages and costs, an [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.eurisko.com.au/wp-content/uploads/2010/02/anonymity.jpg"><img class="alignleft size-full wp-image-257" title="anonymity" src="http://www.eurisko.com.au/wp-content/uploads/2010/02/anonymity.jpg" alt="" width="250" height="204" /></a></p>
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<p>LEGAL counsel Martin Bennett has a short message for those who allow themselves to attack reputations over the internet, imagining they are safe under the cloak of anonymity. &#8221;You can be hunted down and found,&#8221; he said yesterday.</p>
<p>Mr Bennett has done just that for a Perth client, winning $30,000 in damages and costs, an apology, and undertakings from a Colac man that he won&#8217;t post any more defamatory comments.</p>
<p>The hunt for the man&#8217;s true identity proved the stuff of private detective novels updated into the age of blogs.</p>
<p>It is, Mr Bennett said, one of a very few such actions in Australia against the author of anonymous postings on an internet forum. He predicts it is the tip of a legal iceberg.</p>
<p>&#8221;There has been an increasing proliferation of internet chat sites where people feel free to hide their identities and make defamatory comments about companies and their executives and directors,&#8221; he said in a statement released after the case in the Supreme Court of Western Australia was resolved.</p>
<p>The action against Graeme Gladman began after highly uncomplimentary comments appeared last November under pseudonyms on the HotCopper website, a stockmarket forum.</p>
<p>The postings related to technology security company Datamotion Asia Pacific Ltd and its Perth-based chairman and managing director, Ronald Moir. One posting appeared under the pseudonym of &#8221;witch&#8221;.</p>
<p>Datamotion and Mr Moir hired Mr Bennett to launch defamation proceedings. But first Mr Bennett had to track down &#8221;witch&#8221;. He asked HotCopper to reveal the identity of the person registered under that pseudonym, plus two others under different pseudonyms, but HotCopper refused.</p>
<p>Mr Bennett then took court action, forcing HotCopper to turn over its files. &#8221;Unfortunately, the registered membership name appeared to be false,&#8221; he said. &#8221;It turned out to be attached to an escort service in Geelong.&#8221;</p>
<p>But Mr Bennett was not prepared to concede the trail was cold. He told <em>The Age</em> he did not wish to reveal the details of his next detective steps, but the upshot was a defamation action against Mr Gladman alleging that, as a result of his postings, Datamotion and Mr Moir had been &#8221;brought into hatred, contempt and ridicule and thereby suffered damage&#8221;.</p>
<p>It was resolved last week, with Mr Gladman agreeing to pay damages totalling $20,000, taxed legal costs of $10,000, and to provide apologies and undertakings not to publish further defamatory postings.</p>
<p>Mr Bennett has launched two more cases. Both are pending before the WA Supreme Court.</p>
<p>source: <a href="http://www.smh.com.au/technology/technology-news/cyber-poisonpenner-hunted-down-and-sued-20100224-p3n7.html">SMH</a></p>
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