Sunday, October 11, 2009

How do you report defamation email from a John Doe using a yahoo email address?

John Doe sets up anonymous email with yahoo, goes to a public place to send demfamatory falsehoods about people in an organization. Doe accuses criminal actions by members and cautions me that I am liable to report criminal actions to authorities. I am the 3rd party recipient of the email; however, Doe likely is a member of the organization. Specific content stated by Doe is known by individuals in organization. In addition to acusations of criminal actions, Doe portrays certain individuals as diseased and uses intentional defamatory statements to cause people to resign. IP traces to public location; therefore, protecting Doe's anonymous identity. Emotional distress resulted to accused individuals, leaving no recourse due to Doe's anonymous identity. What recourse do individuals have when Doe chooses to mask false statements and defamation of character behind fake yahoo address. Free speech does not include defamation of private citizens. Any ideas?

How do you report defamation email from a John Doe using a yahoo email address?
He sounds like a coward, don't worry about cowards.
Reply:1. Defamation gives rise to a civil lawsuit, not criminal charges. There is nothing to "report" and no one who will care.





2. The people being defamed can sue Mr. Doe if they ascertain his identity. You cannot do squat. Also, you would not be obligated to report criminal actions to the authorities, other than in very rare instances, such as to protect a child you have a responsibility to (e.g., teacher reporting child abuse)
Reply:You may have a case against Doe himself if only you could find him. I suppose your question is whether another party is liable by virtue of some agency and authority theory. It seems doubtful, unless Doe is in someway affiliated and acting on behalf of the organization, but if you can't find John Doe you can't prove an agency relationship. Seems like yahoo is pretty well insulated, because they aren't really responsible for what people post and have placed certain safeguards. Likely the best possible approach is to engage the emailer in some manner in hopes of acquiring more detailed information on his identity, provoke and ID.


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