Consumer Review Websites Have Standing to Assert the Rights of Their Users to Remain Unknown

Until recently, no California court had squarely addressed the issue of whether a consumer review website has to standing to assert the First Amendment rights of its users to remain anonymous.  As the Sixth District Court of Appeal observed: “A decade ago, [this was] a relatively novel question. Now, however, a substantial preponderance of national […]

The Tale Of A Model, A Blogger, and Internet Anonymity

I couldn’t resist any longer. By now you know the story of Rosemary Port, the blogger who had anonymously blogged about model Liskula Cohen, stating that Cohen was a "skank" and a "ho," among other choice character descriptions. You also know that a court forced Google to reveal Port’s identity. Up until that time the […]

Subpoenas not subject to motion to strike as “SLAPP”: Tendler v.

Subpoenas are not subject to a motion to strike under Code of Civil Procedure section 425.16, et seq., because they do not constitute a “cause of action.” Tendler v., June 10, 2008 164 Cal.App.4th 802. This decision will undoubtedly lead to an increase in requests for subpoenas to ISPs and assist plaintiffs in obtaining […]