Reuters has an article about the aforeblogged Xoxohth lawsuit, and its implications for Internet anonymity. Eugene Volokh, of Volokh Conspiracy fame, is quoted:

“They can’t hide behind anonymity while they are saying these scurrilous and menacing things,” said Eugene Volokh, a professor of law at the University of California, Los Angeles.

He said the site was not liable under federal protections that are more lenient on Web sites than TV and newspapers. Prosecuting the manager could also be difficult because he did not write the posts, Volokh added. But the anonymous posters look liable and their careers could be jeopardized, he said.

“This ought to be a warning to be people that if you say things that are not just rude but arguably libelous and potentially threatening and perhaps actionable on those grounds then their identity might be unmasked,” he said.

Finding and identifying the posters — including one called “The Ayatollah of Rock-n-Rollah” — could be tough but is not impossible. The process involves subpoenas issued to Internet Service Providers for records, and then more subpoenas to companies, institutions or people identified on those records.

“I’ve said in my blog the most vile posters on that board are two subpoenas away from being outed,” said Leiter. “This led to much amusement by the anonymous posters on the board.

“But they are about to find out that this is how it works.”

The prosecutor in the Duke University lacrosse rape case was disbarred Saturday after a North Carolina ethics panel found him guilty of numerous violations.

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