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 Forum operators ordered to turn over IPs-Warman vs Fourniers Post new topic    Reply to topic
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OfflineMark Fournier
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PostPosted: 03/ 23/ 09 9:35 pm    Post subject: Forum operators ordered to turn over IPs-Warman vs Fourniers Reply with quote

Mark Fournier
Free Dominion
March 23, 2009

Forum operators ordered to turn over IPs
Richard Warman vs the Fourniers


Today Connie and I received the ruling on Richard Warman's motion that we be ordered to turn over the IP addresses and email addresses of the Free Dominion 8 John Does who he has named as co-defendants in one of his SLAPP suits against us.

The full ruling can be read here.

The judge has ruled in favour of Richard Warman and ordered that we release this confidential information to Warman and that we pay him over $5,000 in costs.

We are weighing our options at this time but without the funds to appeal it seems most likely that we will have to comply. We must obey the law or we become no better than our political opponents.

This ruling means a number of things. Most importantly it means that anyone can gain access to a Canadian forum owner's confidential records on its members simply by filing a lawsuit (that could later be dropped) against the forum operator. No forum operater in Canada, and no Canadian blogger who allows the public to post on his blog, can now safely keep any information at all about a website's members. We highly recommend that Canadian forum operators and bloggers expunge all such records from their files and stop collecting any information that could endanger the anonymity of their posters.

Free Dominion stopped recording the IPs of its members and visitors over a year ago.

There are serious implications for the John Does as well. While it is highly unlikely that an ISP will have records on IPs from that long ago, and if any records do exist the data will have deteriorated to uslessness, any of the John Does might become a target of harrassment by Richard Warman. There is also a very good chance Richard Warman could end up harrassing the wrong people using this faulty data, but that's the new reality cast by this ruling.

We will keep everybody abreast of events as they unfold. This was only one round, the best is yet to come.
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OfflineMaikeru
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PostPosted: 03/ 23/ 09 9:40 pm    Post subject: Re: Forum operators ordered to turn over IPs-Warman vs Fourn Reply with quote

Mark Fournier wrote:
We are weighing our options at this time but without the funds to appeal it seems most likely that we will have to comply. We must obey the law or we become no better than our political opponents.
God works in wondrous ways...
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OfflineCanadian Dad
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PostPosted: 03/ 23/ 09 9:46 pm    Post subject: Reply with quote

Let us know when you guys need another boost in funds. I think I speak for most of us when I say that this decision only redoubles our resolve to see you guys win in the end.
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OfflineMaikeru
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PostPosted: 03/ 23/ 09 9:46 pm    Post subject: Reply with quote

" Never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.''
-Winston S. Churchill -
29 October 1941 to the boys at Harrow School.
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OfflineHodgson
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PostPosted: 03/ 23/ 09 9:57 pm    Post subject: Reply with quote

Can't you just not comply?

Why play along?
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OfflineCanadian Dad
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PostPosted: 03/ 23/ 09 10:00 pm    Post subject: Reply with quote

Hodgson wrote:
Can't you just not comply?

Why play along?

Folks have tried (and been jailed/fined). I don't think Connie and Mark deserve that fate.
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Offlinewildernessvoice
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PostPosted: 03/ 23/ 09 10:11 pm    Post subject: Reply with quote

Hell. If I am a John Doe then I will change my email address. That should put me in the witness protection program!
...and I should do it NOW!!!!
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OfflineMaikeru
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PostPosted: 03/ 23/ 09 10:13 pm    Post subject: Reply with quote

Canadian Dad wrote:
Hodgson wrote:
Can't you just not comply?
Why play along?
Folks have tried (and been jailed/fined). I don't think Connie and Mark deserve that fate.
How about a fast - live Online ?

The hunt intensifies for the identities of the 'FD8' - citizens whose opinions are so hateful and reprehensible that they must be hunted down and made subject to public hatred and ridicule...

Here comes Connie now...

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Offlinewildernessvoice
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PostPosted: 03/ 23/ 09 10:21 pm    Post subject: Reply with quote

The Judge wrote:
"In the case before the court, we are dealing with an anti-hate speech advocate and
Defendants whose website is so controversial that it is blocked to employees of the Ontario
Public Service."

What evidence was presented for the Judge to make this determination?
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OfflineMark Fournier
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PostPosted: 03/ 23/ 09 10:34 pm    Post subject: Reply with quote

Hodgson wrote:
Can't you just not comply?

Why play along?

Unlike a Canadian Human Rights Tribunal, Hodgson, this is a real court so we are legally and ethically bound to comply with its rulings. If we step away from our principles we will be doomed. I believe we can still prevail within the system but this ruling has serious implications. The posting public and forum operators must now take further steps to protect themselves from this new threat to our privacy and anonymity. This new threat can come from the government, from political operatives, from private enterprenuers, or from any combination of the three.

The best way for forum operators and bloggers to protect the Canadian posting public is by collecting no information about them. You can't be forced to produce what you have never collected. As far as the Canadian public is concerned, learn how much infomation is kept on you by the forums and blogs where you post and adjust your posting accordingly.
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"If it takes force to impose your ideas on your fellow man, there is something wrong with your ideas. If you are willing to use force to impose your ideas on your fellow man, there is something wrong with you. If you are willing to use violence to impose your ideas on your fellow man, you are a menace to society." - Entropy Squared
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OfflineD. Johnson
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PostPosted: 03/ 23/ 09 10:47 pm    Post subject: Reply with quote

Will Do.
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OfflinePeter O'Donnell
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PostPosted: 03/ 23/ 09 10:51 pm    Post subject: Reply with quote

I would need more time to consider the full ruling of the court, but para [33] introduces what seems like an avenue for appeal, where it states that the plaintiff is a noted something or other, whereas Free Dominion is "so controversial" that Ontario public servants are not allowed to see it.

Where, at work? Why would they be reading Free Dominion at work?

As for the plaintiff being a noted so and so, I could perhaps allow that. We are all entitled to our fantasies, at least about ourselves -- I am not sure if this plaintiff is entitled to his fantasies about the real enemies of Canadian freedom.

Mark, you clearly have more respect for the legal system than I do at this point in time; I tend to see a certain inevitability to these processes that speaks to a vast ignorance within our legal classes of constitutional law and inherent freedoms that were not given to us by the state, but by a higher power. A power, indeed, higher than any of us.

A power to whom evidently I need to entrust my legal defense at this point.

However, I would suggest that an appeal be considered, as these issues seem worthy of the attention of much larger fish than ourselves. The ease with which this powerful civil servant mingles with the judiciary of all forms more or less makes my defense intellectually axiomatic ... I need only point to this ruling as evidence for my submission that the plaintiff represents a growing tendency towards Stalinist evasions of natural law.
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Paycheck
PostPosted: 03/ 23/ 09 10:53 pm    Post subject: Reply with quote

This will come in handy for Conservatives too. I remember not too long ago, I saw a comment on a feminist blog where one of the posters threatened physical violence against me.

Now that I know that this is the law, it might come in handy.

The Left have far more to fear than the Right, since their vitriol and hatred is a million times more severe and they know it.

If they can't post anonymously anymore, the jig will be up for them with Big Brother ready to pounce.

How is that for irony?
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OfflinePeter O'Donnell
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PostPosted: 03/ 23/ 09 11:03 pm    Post subject: Reply with quote

I wouldn't count on it, Paycheck, they will spin the law and the precedents the other way if it suits them. There is no such animal as justice in Kanuckistan. It's a user-pay system now.
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Paycheck
PostPosted: 03/ 23/ 09 11:06 pm    Post subject: Reply with quote

Peter O'Donnell wrote:
I wouldn't count on it, Paycheck, they will spin the law and the precedents the other way if it suits them. There is no such animal as justice in Kanuckistan. It's a user-pay system now.


I'm not so sure. The law is still the law. If you are threatening violence or libelling someone, you still have to face the music.

One thing is for sure, everyone will be thinking twice before saying anything.

You can thank the Canadian Left for that.
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This triangle of truisms, of father, mother and child, cannot be destroyed; it can only destroy those civilizations which disregard it. - G. K. Chesterton (The Superstition of Divorce)
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