Israeli court on ID disclosure
p2pnet.net news:- With recent online libel lawsuits in the background, not to mention Big 4 music cartel efforts to force ISPs to disclose private information on subscribers, Israel’s Haifa District Court has explained criteria for ordering an ISP to disclose the identity of a user who publishes alleged dafamatory statements in talkbacks and forums.
“After last year’s ruling of Justice Michal Agmon-Gonen of the Jerusalem Magistrate’s Court in the matter of John Doe, this is the most comprehensive judgment given on this subject by an Israeli court,” says copyright.co.il, going on:
The court deviated from the previous case law and held that in order to establish a motion to order an ISP to disclose the identity of a user, the plaintiff does not have to prove prima facie criminal liability and an intent to harm.
However, the plaintiff is required to prove an “extra element” (besides a civil cause of action for libel) to support the motion for disclosure of identity.
Such extra element can be influenced by the nature of the statement (i.e. more tendency to expose a user who hurt a private person rather than a political figure), good winning chances for the plaintiff, public interest in matters pertaining to the plaintiff and the pubilcation of the statements, the circumstances of the publication, the scope of damage caused to the plaintiff as a result of the defamatory statement, etc.
Also See:
online libel lawsuits – Wayne Crookes v The Net, April 30, 2007
private information – New RIAA anti-p2p bid, April 30, 2007
copyright.co.il – The Haifa District Court defines the criteria for ordering an ISP to disclose the identity of internet end users, April 30, 2007
