Thursday, March 26, 2009

Ontario judge orders website to reveal identity data on anonymous posters

An Ontario Superior Court judge has ordered a pair of website owners to turn over identifying information about eight people being accused of defamation after posting anonymous comments.

"In my view, the defendants are under an obligation to disclose all documents in their power and control," Justice Stanley Kershman said in a ruling delivered Monday to defendants Connie Wilkins-Fournier and Mark Fournier of Kingston, Ont., who run the website Free Dominion.

Kershman also ordered the couple to pay $5,000 in costs to the plaintiff in the case, Ottawa human rights lawyer Richard Warman, described by Kershman as an "anti-hate speech advocate."

Warman had requested, for use in a court action, access to documents that would assist in identifying the anonymous posters and their locations, such as:

  • Email addresses and all personal information.
  • The IP addresses of their computers.
  • Documents concerning the establishment and operation of the website, such as hosting agreements, billing information, and website registrant names.

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