Former Law Dean Obtains Internet Addresses of Anonymous Online Critics
The former dean of Pace law school has obtained the Internet provider addresses of online critics who alleged he and his wife paid off a mayor to secure permits for a home construction project.
Richard Ottinger, the ex-dean and a former congressman, obtained the addresses in his defamation suit for statements posted on the Journal News about his Mamaroneck, N.Y., home construction project, the New York Law Journal reports.
A lawyer for the Journal News, Mark Fowler, told the legal publication that the decision (PDF) sets important safeguards for the online community by requiring the plaintiffs to make a heightened showing before obtaining the Internet addresses.
Judge Rory Bellantoni of Westchester had required the Ottingers to post a notice on the Journal News’ website giving the critical posters a chance to intervene in the lawsuit. When the posters did not respond, Bellantoni said they had received sufficient notice. He also said the Ottingers had made out most of their prime facie defamation claim, the story says.
Bellantoni said those safeguards were enough to require disclosure. He said it would be difficult for the Ottingers to show actual malice at this point and it wasn’t necessary to obtain disclosure.
