From the Editor
Think twice before you post a message I n an era of litigation it is almost an expected fact of life that companies will attempt to determine persons that use message boards to pan their service, their financial ability or another aspect of corporate activity. However, what is not expected is the ease with which most message board operators roll over upon receipt of a subpoena requesting the identity of a person or persons that exercised their right of free speech. In one particular case, an Internet user was identified by the company he works for and promptly fired for posting comments about the organization. In another case, a posting to a Web message board questioning the accounting practice of a firm was followed by a lawsuit after another Web portal rolled over and identified the person posting the message.
With several persons intimidated either by firings or lawsuits it is easy to visualize a new pattern against unwanted messaging -subpoenas to identify the message poster followed by some type of adverse action. A few years ago this type of action would appear to reflect the activity of an illegal organization instead of the corporate world. What is even more upsetting is the fact that many well-known Internet portals that provide a majority of messaging capabilities in the form of financial boards simply comply with each subpoena and do not even inform the party that their identity was divulged.
Divulging the identity of persons that post non-threatening enlightening information and opinions is just plain wrong. While I can condone divulging, when subpoenaed, the identity of persons that threaten to do harm to others, most portals simply comply with every form they receive without even attempting to judge the validity of the request. If you are inclined to believe a subpoena makes the request legal, it is important to note the old saying that 'a district attorney could go before a grand jury and indict a ham sandwich'. Thus, it is also possible for a corporate attorney to find the right judge to comply with their request to issue a subpoena. If Internet portals would show some moxie and fight such subpoenas, it is doubtful if more than a handful would be ruled valid. Instead, complying with each subpoena sends the wrong signal to message board users as well as to the meaning of free speech. Until Internet portals get some backbone you should think twice before you post a message. As my Macon TV announcer would say, 'That's my opinion -what's yours?' -Gilbert Held