Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
anonymity, blogging, israel

Companies:
google



Google Ordered To Reveal Blogger's IP In Israel

from the sorry,-no-anonymity-for-you dept

Someone who prefers to remain anonymous writes in to let us know that: "An Israeli court has ordered Google to reveal the identity of a blogger that uses Google's own blogging platform, Blogger. The blogger accused a Shaarei Tikva comity member of illegal acts all through his blog posts. Google objected to the request claiming freedom of speech, however the court sided with the plaintiff and said that since the plaintiff is a public figure running for reelection, he is allowed to confront his accuser and clear his name." Google did, apparently, try to reach the blogger in question who did not respond, and the company only needs to hand over an IP address -- which isn't necessarily the blogger's "identity," though it could lead to it. There's nothing wrong with a court requiring a service provider to cough up identifying information on someone who has broken the law -- but it gets into very tricky territory when it comes to things like libel. We recently covered a number of similar cases in the UK where the results were the same -- but a case in the US had the judge determine that the anonymous speech was protected and the person shouldn't be revealed. It seems likely that we're only going to see more of these cases over time -- and questions about jurisdiction are only going to make them more confusing. What if the blogger in this case actually resides in the US, for example?

32 Comments | Leave a Comment..

 
 

Reader Comments (rss)

(Flattened / Threaded)

  1. Nov 27th, 2007 @ 9:30am

    Here's an idea...

    by TheDock22

    Don't let people be anonymous on the Internet. Then maybe they would be a tad bit more thoughtful in what they post.

    (reply to this comment) (link to this comment)

  2. Nov 27th, 2007 @ 9:33am
    by GrammarMan

    First sentence after the quote uses "thought" instead of "though"... just so you know =)

    (reply to this comment) (link to this comment)

  3. Nov 27th, 2007 @ 9:36am
    by atomatom

    If the blogger is Israeli then Google is doing business in Israel, and has to treat its Israeli customers under Israeli law. If they can't abide by Israeli law then they should not let Israelis use their services.

    (reply to this comment) (link to this comment)

  4. Nov 27th, 2007 @ 9:39am

    Re: Here's an idea...

    by OwningXylophone

    "Don't let people be anonymous on the Internet."

    Isn't that a touch hypocritical coming from someone called 'TheDock22'??

    (reply to this comment) (link to this comment)

  5. Nov 27th, 2007 @ 9:54am

    Re: Here's an idea...

    by anon

    ....says Dock22.

    (reply to this comment) (link to this comment)

  6. Nov 27th, 2007 @ 9:57am
    by Jack B. Nimble

    Hey Dock22,

    Would you please include your ip address when you post.

    (reply to this comment) (link to this comment)

  7. Nov 27th, 2007 @ 10:06am

    Re: Here's an idea...

    by Casper

    Don't let people be anonymous on the Internet. Then maybe they would be a tad bit more thoughtful in what they post.


    Wow, that is quite possibly the most idiotic thing I have heard today. I applaud you for the humor you have contributed to my day, however, I object to the fact you may reproduce.

    (reply to this comment) (link to this comment)

  8. Nov 27th, 2007 @ 10:07am

    Re:

    First sentence after the quote uses "thought" instead of "though"... just so you know =)

    Fixed, thanks!

    (reply to this comment) (link to this comment)

  9. Nov 27th, 2007 @ 10:09am

    Re:

    by Rick

    "If the blogger is Israeli then Google is doing business in Israel"

    Isn't the blogger doing business in the USA since Google is in the US? Does Google need to obey an Israeli court?

    (reply to this comment) (link to this comment)

  10. Nov 27th, 2007 @ 10:11am

    anonymous posting ...

    by Ed Alexander (Indianapolis)

    Anonymous posting breeds rude comments and degrades our ability to use a civil approach to find the truth.

    (reply to this comment) (link to this comment)

  11. Nov 27th, 2007 @ 10:12am

    Re: Here's an idea...

    by Yea Right

    So "TheDock22" Is that the name your mother gave ya ?

    (reply to this comment) (link to this comment)

  12. Nov 27th, 2007 @ 10:22am

    Re: anonymous posting ...

    by Anonymous 2

    Fuck you, Ed

    (reply to this comment) (link to this comment)

  13. Nov 27th, 2007 @ 10:24am
    by atomatom

    "Isn't the blogger doing business in the USA since Google is in the US? Does Google need to obey an Israeli court?"

    Really, it's both. The blogger is doing business with a US company... but Google is accessed in Israel. It's complicated, but I suppose it's sort of like Google is shipping a product to Israel that has to comply with Israeli regulations.

    (reply to this comment) (link to this comment)

  14. Nov 27th, 2007 @ 10:44am
    by Bob Jones

    I think the country where the user lives is key ... especially if Google does anything there, like R&D.

    I think expectations to export American law around the globe are a tad colonial ...

    (reply to this comment) (link to this comment)

  15. Nov 27th, 2007 @ 10:47am

    Re: Re: Here's an idea...

    by TheDock22

    So "TheDock22" Is that the name your mother gave ya ?

    Well Dock is in my name. But I was mostly trying to be sarcastic than make a truthful statement. People are touchy today.

    (reply to this comment) (link to this comment)

  16. Nov 27th, 2007 @ 10:56am

    Ha-Ha-Ha-Ha-Ha

    by angry dude

    Hey, Mikey

    You know my IP, don't you ?

    Now try to get a name... Good luck with that...

    Hint: if you post through a proxy firewall the only way to get a computer and person id is by using a court ordered subpoena on firewall logs - a highly unlikely event unless you do something really really stipud, like threaten some high-ranking government official etc.

    (reply to this comment) (link to this comment)

  17. Nov 27th, 2007 @ 10:56am

    Re: anonymous posting ...

    by B

    "Anonymous posting breeds rude comments and degrades our ability to use a civil approach to find the truth." People also tend speak more truthfully when anonymous.

    (reply to this comment) (link to this comment)

  18. Nov 27th, 2007 @ 10:57am
    by Verse

    +1 for user lives ruling, when you sign up for things like prize games and things, it clearly states in the EUA that you must be in a country that allows this, thus it's irrelevant where the servers are held, it's up to the user to abide by the rules in their own country IMO

    (reply to this comment) (link to this comment)

  19. Nov 27th, 2007 @ 11:06am

    Re: Ha-Ha-Ha-Ha-Ha

    by Chuck Norris' Enemy (deceased)

    You think Mike cares? Jokes on you paranoid angry dude.

    (reply to this comment) (link to this comment)

  20. Nov 27th, 2007 @ 11:22am

    Re: Re: Ha-Ha-Ha-Ha-Ha

    by angry dude

    angry dude doesn't care

    Always wear clean underwear

    (reply to this comment) (link to this comment)

  21. Nov 27th, 2007 @ 11:37am

    Re: anonymous posting ...

    by Anonymous Coward

    Anonymous posting also allows the truth to come out in cases where people fear some type of persecution for telling it.

    (reply to this comment) (link to this comment)

  22. Nov 27th, 2007 @ 11:39am

    Doing business in Israel

    by Shun

    Fortunately, or not, when you do business in a foreign country, you need to abide by their laws. If a blogger starts his blog in Israel, it makes Google into a "doing business in Israel site". This is true of all commercial law. As long as some company puts its goods into the "Stream of Commerce" any court can claim jurisdiction.
    There are famous U.S. cases about this practice. Most notably, International Shoe v. Washington (326 U.S. 310 (1945)). The question should be: "Is Google 'doing business' by making blogspot available to people in Israel?" Are they making any money from blogspot? Probably.

    There is precedent for blocking IP addresses coming from foreign IP's. Notice Torrentspy's decision to block all U.S. originating IP addresses. This would turn Google into a non-world-wide phenomenon (offer not available in certain countries, YMMV). Of course, the horse is already out the gate, in this case, so it won't help this Anonymous Blogger.

    Google can whine and go to the U.S. government. We'll see what happens after that. This could get interesting.

    (reply to this comment) (link to this comment)

  23. Nov 27th, 2007 @ 11:41am

    Oops, I meant Blogger

    by Shun

    Sorry, my mistake.

    (reply to this comment) (link to this comment)

  24. Nov 27th, 2007 @ 11:42am

    Re: Here's an idea...

    by Danglerose

    I appreciate the simplicity of your approach, but with the apathy already rampant in our society (and others) we need to encourage people to speak out, and then rely on our own grey matter to separate fact from fiction. I am willing to tolerate infinite rudeness if it leads to the news that we need being brought out into the open since the established media outlets seem less and less inclined and able to do so. Stick and stones, eh..?

    (reply to this comment) (link to this comment)

  25. Nov 27th, 2007 @ 12:10pm
    by freedoman

    if they don't like it don't read it.freedom of speech at all costs!

    (reply to this comment) (link to this comment)

  26. Nov 27th, 2007 @ 12:34pm

    Danglerose ..

    by icon Killer_Tofu (profile)

    .. has a very good point and I am inclined to agree.

    (reply to this comment) (link to this comment)

  27. Nov 27th, 2007 @ 3:08pm

    Re: Doing business in Israel

    by erock

    how will israel enforce any ruling on google when all there assets are in the US? Israel cant do anything unless they were to come to the us with weapons and say google give us the ip address.

    (reply to this comment) (link to this comment)

  28. Nov 27th, 2007 @ 4:06pm

    Re: Doing business in Israel

    by lost_monkey

    "Isn't the blogger doing business in the USA since Google is in the US? Does Google need to obey an Israeli court?"

    "how will israel enforce any ruling on google when all there assets are in the US? Israel cant do anything unless they were to come to the us with weapons and say google give us the ip address."

    All Israel has to do is ban google's ip from their country much like China has done several times, and Google will change their tone. It would be difficult to prove Google is "wrong" by not coughing up the IP, but you can't stop Israel from banning Google either.

    (reply to this comment) (link to this comment)

  29. Dec 3rd, 2007 @ 1:32am

    The English translation of the Israeli Blogspot bl

    by Objective

    A new blog is providing English translations from the blog and also from the judge's verdict. It is extremely educational. Why don't you see for yourself and then make an informed decision. This is the democratic way. Here is the link: http://shaarei-tikva.behirot.net

    (reply to this comment) (link to this comment)

  30. Dec 20th, 2007 @ 3:14pm
    by Anonymous Coward

    It would be easy enough to confront the truth with what people say if someone defends their name just as they did against a person who isn't anonymous.

    (reply to this comment) (link to this comment)

  31. Feb 20th, 2009 @ 3:07pm
    by sass

    typical of israel to persecute this guy. but then again israel is in the persecuting business

    (reply to this comment) (link to this comment)

  32. Jul 23rd, 2009 @ 12:03am

    chaneg ip address

    by icon radha65 (profile)

    Thanks for giving this information. I am searching for how to change the ip address. and also i found a website for chk the ip address from ip details.com at a free of cost.

    (reply to this comment) (link to this comment)

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