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OneAngryDemocrat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-17-05 08:11 PM
Original message
Please Help Me with a Legal Question...
I am the web master @ www.shockedandawful.com.
A Conserva-Nazi has demanded that I remove his web address from my blog, where I de-bunked an GOP mass e-mailing that he sent me, about the French.

My page makes it perfectly clear that if you send me e-mails, you also give me permission to use those e-mails online: a banner pops up when you place your mouse over the site's 'contact' button.

This guy sent me an e-mail, today, claiming that use of the content of his e-mail does not allow me to give out his e-mail address, and has threatened to go to my web host with his complaint.

You can read his e-mail, and my response, @ http://www.shockedandawful.com/Blog.html

It was my intention to attract the Conserv-Nazis' commentary, with the sole purpose of de-bunking it.

Since this idiot voluntarily clicked on my 'contact' button, does he have a legal leg to stand on? I mean, I leave myself open to all kinds of GOP hate e-mail, isn't what is good for the goose, also good for the gander?



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eallen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-17-05 08:15 PM
Response to Original message
1. Be a mensch -- remove his address.
I have no idea what the law is on this issue. But if he simply wants his address removed or obfuscated, I recommend doing so. Yep, he's being a weenie. Be a mensch anyway. You rarely go wrong taking the high road.

:hippie:
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brainshrub Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-17-05 08:45 PM
Response to Reply #1
7. I agree with Eallen.
I agree.

I have a progressive website that's gets several thousand hits a day. It's now common for conservatives to post hate-messages in the blog.

I used to respond to the trolls, but I've found the best strategy is to quietly delete their posts and move on.

Conservatives are an insecure lot that feed off of conflict the way flies feed of poop. The best strategy is to take the high-road or ignore them.
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Divernan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-17-05 08:26 PM
Response to Original message
2. Tell him to cite the law he's relying upon and also
on your own, you check with your web host on the general question (without providing this clown's name/address) of any legal restraints on including someone's web address. If it IS illegal, then you don't want to include anyone's address and you are better off knowing that. Let us know what you find out. I suspect that there may be some private policy a web host may choose to follow, which you may have to honor, but that doesn't make it the law. Your web host should have provided you with any such policies or guidelines when you started your blog, if they expected you conduct your blog in a certain way.

Although this is not an area of law I claim any expertise in, under general legal principles, if you send any info out to someone, there is no presumption of confidentiality unless both parties have agreed to it. That is exactly why the law has created patient/doctor and lawyer/client "privileges", i.e., rights to confidentiality.
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Trajan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-17-05 08:29 PM
Response to Original message
3. I would be very careful with this ....
Look into the DU Hate Mailbag ....

IF Skinner and Co. DONT allow the email addies of hateful interlopers, to be revealed then it is probably NOT ok ... if THEY dont; YOU shouldnt ....
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OneAngryDemocrat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-17-05 08:41 PM
Response to Reply #3
5. Terms of Service
Service Limitations.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to:

(a) Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;


I don't know what all of this means, but I have removed the asshole's e-mail address, and simply recognized the Nazi bastard with his e-mail name, minus his ISP mail account.
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merwin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-17-05 08:31 PM
Response to Original message
4. There's nothing illegal about linking to somebody's site.
As long as their website is public, there's no legal leg to stand on for making you remove the link from your site.

Also, whether or not he wanted you to share his e-mail address, you are legally able to do so. He voluntarily sent you his own information. Stupid on his part.
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OneAngryDemocrat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-17-05 08:43 PM
Response to Reply #4
6. That's what I thought...
Edited on Mon Oct-17-05 09:02 PM by OneAngryDemocrat
We're not talking about a web page: It's the Nazi's e-mail address. I have removed his address, so far...

But REALLY want to keep it up.

I have posted the TOS agreement with me and my web host service, and hope to get some definitive answers to this question.

Service Limitations.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to:

(a) Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

I don't know what all of this means, but I have removed the asshole's e-mail address, and simply recognized the Nazi bastard with his e-mail name, minus his ISP mail account.

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merwin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-17-05 09:05 PM
Response to Reply #6
8. See if you can find out his real name instead :-)
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Chan790 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-17-05 09:12 PM
Response to Original message
9. You're in the clear.
You can post his email address to your heart's content as it's information in the public domain.

Whether you should is another story. All leaving it up does in enflame the mental-case and if someone else takes his email address off your site and sends him threats or hatemail and he chooses to pursue that (as it is illegal) you may find yourself being dragged into court to testify.
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