Richard Warman vs Personal Privacy and Internet Anonymity

[Mark Fournier]

Mark Fournier
Free Dominion
April 6, 2010

<center> Richard Warman vs Personal Privacy and Internet Anonymity

<b>April 8, 2010

161 Elgin Street
Ottawa, Ontario</b>
</center>

On April 8, 2010 in Ottawa a Divisional Court Justice will hear an appeal of a disclosure ruling in the Richard Warman vs The Fourniers and John Does 1-8.civil case. At issue is whether the Fourniers, operators of the Free Dominion website, should be compelled to disclose confidential information about the website's members to the plaintiff, Richard Warman. Last year Superior Court Justice Stanly Kershman ruled for the plaitiff in a motion he brought forth seeking information he hopes to use to identify the John Does who posted anonymously in Free Dominion's political discussion forum. Four of the eight John Does have already been identified by the plaintiff and have been added to the underlying defamation suit brought forth by Warman.

The defamation case itself will by necessity bring forth a number of public interest issues such as freedom of speech, political commentary and opinion but it will also venture into several areas where our laws are outdated by internet communications. The internet has given us a means to communicate that was inconceivable when our current defamation laws were written and those laws are now in need of legislative upgrades. Until those legal updates are made though we will have to fight for our internet anonymity and personal privacy in the courts.

This appeal of the disclosure ruling of Kershman is more important than the case from which it grew. There are now privacy issues at stake that didn't previously exist. Outing someone's internet alias can have far-reaching effects that should not be on the table in a minor civil squabble. Because of the serious privacy issues surrounding this appeal of Kershman's disclosure ruling, the Canadian Civil Liberties Association and the Canadian Internet Policy and Public Interest Clinic will be intervening. This is good news for those on the freedom side of the debate.

Nothing will bring justice in our courts and action in our parliament like public interest and participation in these cases. If you are near Ottawa and can get the time to go to the courthouse on Elgin Street please do so on April 8, 2010. This is an important battle in the ongoing contest to protect our freedom and it should be witnessed by the public.

See you there!

[Fabulous Fred]

I would love to be there. This is a pivotal moment for free speech in Canada.

[Winston Smith]

Time?

[Mark Fournier]

We will probably have to wait to see the schedule when we get there to see the starting time. We will be there by 9:00 a.m.

[Mark Fournier]

We issued this press release tonight. Please forward to your media contacts.

FOR IMMEDIATE RELEASE

Landmark Case for Internet Privacy Rights - Ottawa, April 8, 2010

On April 8, 2010, a precedent-setting case regarding internet law will be heard in the Ontario Divisional Court, at 161 Elgin St. in Ottawa.

The case is an Appeal of a lower court motion decision in the case of Warman vs Fourniers and John Does. The ruling being appealed stated that the defendants were to turn over personal information such as IP addresses and email addresses for anonymous posters who were alleged to have defamed the plaintiff. The defendants' position is that online anonymity should be protected until it is clear that there is a strong case that a "John Doe" has broken the law.

People post anonymously for many reasons. They discuss politics, spiritual issues, health problems and relationship problems under pseudonyms. Revealing the true identities of the people behind these usernames is an unspeakable invasion of their privacy, and should only be done when it is absolutely necessary. It should never been done simply because someone makes an accusation of libel.

Intervening at the hearing will be the Canadian Civil Liberties Association, and the Canadian Internet Policy and Public Interest Clinic. Both of these organizations will be arguing that there is a duty to protect online anonymity, and that is it not addressed in the law, as it currently stands.

The issues in this appeal have far-reaching implications for people who post anonymously on the internet, and for forum and blog owners who have a duty of care when it comes to the private information of their posters.

The internet is changing the way we live our lives in Canada, and this case will be one of the first to address the changes that need to be made in our laws to accomodate new technology.

FOR MORE INFORMATION CONTACT

Connie Fournier

connie@freedominion.ca
http://www.freedominion.com.pa

[J.B. Stone]

We will probably have to wait to see the schedule when we get there to see the starting time. We will be there by 9:00 a.m.

The BEST of luck to you.... ...both.

I will be there in spirit in your hour of need.....

This is CONCRETE and it MUST succeed.

Go forth and slay the dragon....!!!

[J.B. Stone]

We issued this press release tonight. Please forward to your media contacts.

FOR IMMEDIATE RELEASE

Landmark Case for Internet Privacy Rights - Ottawa, April 8, 2010

On April 8, 2010, a precedent-setting case regarding internet law will be heard in the Ontario Divisional Court, at 161 Elgin St. in Ottawa.

The case is an Appeal of a lower court motion decision in the case of Warman vs Fourniers and John Does. The ruling being appealed stated that the defendants were to turn over personal information such as IP addresses and email addresses for anonymous posters who were alleged to have defamed the plaintiff. The defendants' position is that online anonymity should be protected until it is clear that there is a strong case that a "John Doe" has broken the law.

People post anonymously for many reasons. They discuss politics, spiritual issues, health problems and relationship problems under pseudonyms. Revealing the true identities of the people behind these usernames is an unspeakable invasion of their privacy, and should only be done when it is absolutely necessary. It should never been done simply because someone makes an accusation of libel.

Intervening at the hearing will be the Canadian Civil Liberties Association, and the Canadian Internet Policy and Public Interest Clinic. Both of these organizations will be arguing that there is a duty to protect online anonymity, and that is it not addressed in the law, as it currently stands.

The issues in this appeal have far-reaching implications for people who post anonymously on the internet, and for forum and blog owners who have a duty of care when it comes to the private information of their posters.

The internet is changing the way we live our lives in Canada, and this case will be one of the first to address the changes that need to be made in our laws to accomodate new technology.

FOR MORE INFORMATION CONTACT

Connie Fournier

connie@freedominion.ca
http://www.freedominion.com.pa

I HOPE you sent this to the O'Reilly Factor and Ann Coulter....you're getting more air time than you realize up there....

It's BEST if it comes from YOU....another great guy in all of this is Dennis Miller....top notch defender of Free Speech. Dennis is the REAL DEAL....!!!

Now, THERE's a guy who can stir up a hornets nest and he's FEARLESS in the face of reprisals.

[Connie Fournier]

We didn't send them to American outlets, JB, because I didn't think of it. If you have time to blast it off to them, I'd really appreciate it!

[Narrow Back]

We issued this press release tonight. Please forward to your media contacts.

FOR IMMEDIATE RELEASE

Landmark Case for Internet Privacy Rights - Ottawa, April 8, 2010

On April 8, 2010, a precedent-setting case regarding internet law will be heard in the Ontario Divisional Court, at 161 Elgin St. in Ottawa.

The case is an Appeal of a lower court motion decision in the case of Warman vs Fourniers and John Does. The ruling being appealed stated that the defendants were to turn over personal information such as IP addresses and email addresses for anonymous posters who were alleged to have defamed the plaintiff. The defendants' position is that online anonymity should be protected until it is clear that there is a strong case that a "John Doe" has broken the law.

People post anonymously for many reasons. They discuss politics, spiritual issues, health problems and relationship problems under pseudonyms. Revealing the true identities of the people behind these usernames is an unspeakable invasion of their privacy, and should only be done when it is absolutely necessary. It should never been done simply because someone makes an accusation of libel.

Intervening at the hearing will be the Canadian Civil Liberties Association, and the Canadian Internet Policy and Public Interest Clinic. Both of these organizations will be arguing that there is a duty to protect online anonymity, and that is it not addressed in the law, as it currently stands.

The issues in this appeal have far-reaching implications for people who post anonymously on the internet, and for forum and blog owners who have a duty of care when it comes to the private information of their posters.

The internet is changing the way we live our lives in Canada, and this case will be one of the first to address the changes that need to be made in our laws to accomodate new technology.

FOR MORE INFORMATION CONTACT

Connie Fournier

connie@freedominion.ca
http://www.freedominion.com.pa

"personal information such as IP addresses"

As you and Connie will recall Warman's lawyer Mr. Shiller doesn't have much faith in IP's. After all, they change all the time, according to him.

Is Richard Warman going to argue that IPs are a reliable way to find out who someone is?

And what about people, like me, who use proxies? I use Anonymouse and Tor Park.

This is looking like a classic case of being hoisted with one's own petard.

[Connie Fournier]

Oh, that was Warman's other lawyer, Narrow Back. This one believes in IP addresses. LOL!

Marc Lemire has done a good job pulling material together about this case on his site. Here is a link:

http://blog.freedomsite.org/2010/04/pre ... e-for.html

[texasredtop]

We've seen the power of prayer right here at FD (Roy). Perhaps we need to offer prayers that justice will prevail Thursday. I will be praying for a favorable outcome. It's time this foolishness was put to rest forever.

[J.B. Stone]

SAVE THIS LIST....!!!

And, USE it....

Contacts page, Ann Coulter:

http://www.anncoulter.com/cgi-local/con ... name=links

Contacts, Fox News:

We Love to Hear From Our Viewers!

For a network whose slogan is "We Report, You Decide," it would not make any sense if we didn't have an open forum for our fans. So if you want to give Hannity a piece of your mind, or send a note to Bill O'Reilly
, find the show you want to e-mail below.

Shows Email
America Live w/ Megyn Kelly kelly@foxnews.com
America's Newsroom w/ Bill and Martha americasnewsroom@foxnews.com

FOX & Friends friends@foxnews.com
FOX News Specials fncspecials@foxnews.com
FOX News Sunday fns@foxnews.com
FOX Report w/ Shepard Smith foxreport@foxnews.com
FOX Report Weekend foxreport@foxnews.com
Geraldo at Large atlarge@foxnews.com
Hannity hannity@foxnews.com
Happening Now w/ Jon Scott & Jane Skinner happeningnow@foxnews.com
Huckabee huckmail@foxnews.com
Glenn Beck glennbeck@foxnews.com

On the Record w/ Greta Van Susteren ontherecord@foxnews.com

Special Report w/ Bret Baier special@foxnews.com
Studio B w/ Shepard Smith studiob@foxnews.com
The O'Reilly Factor oreilly@foxnews.com

Your World w/ Neil Cavuto cavuto@foxnews.com

Dennis Miller:

http://www.dennismillerradio.com/help#form6

Rush Limbaugh:

http://www.rushlimbaugh.com/home/privat ... 0598913998

Sean Hannity:

http://www.hannity.com/contact

Wall Street Journal:

http://help.wsj.com/contact-us/?mod=WSJ_footer

Mike Huckabee:

http://www.mikehuckabee.com/index.cfm?fa=Contact.Home

Don Imus:

donimus@foxbusiness.com

~~~~~~~~~~

That should get you started....I have an unusually busy schedule with doctors, etc. today. I REALLY would appreciate it if some Canadians who care about their future and/or the future of this web site would join in the e-mail fun.

[Connie Fournier]

Thank you, JB. We are heading out soon, but I will do it when I get landed (unless someone else does it first).

Tex, you have no idea how much we would appreciate prayers!

[J.B. Stone]

http://www.dailyinterlake.com/opinion/c ... 002e0.html

[Connie Fournier]

Thank you, JB!!!