Legal Question in Technology Law in California

Re: Internet Postings

Much depends on whether the statement is TRUE or not. If it's true... then person 2 probably has no recourse.

If FALSE, and actually causes injury to reputation, then it might constitute Libel.

There may be some privacy related claims here, but merely being offended by someone's statements about you, is probably not enough for a lawsuit.

Of course, if the injury to reputation is serious, meet with a lawyer or two and see if they think you've got a case.

It is sometimes possible to identify the poster of an "anonymous" posting from IP address records, etc., but you'd need the website's help to get that information... which probably means a lawsuit and a subpoena.

Re: Internet Postings

Don't confuse difficulty of proof with liability.

You could be liable if (1) the statements you made were untrue; or (2) even if they were true, posting them for public consumption was an unfair and injurious invasion of a privacy right. Publishing full-page ads saying "X has AIDS" is a tort, even if it is true.

There are really three issues here. One is whether you can be sued. The answer is "of course." All it takes to sue someone is being ticked off enought to write up a lawsuit and pay the filing and service-of-process fees. The second issue is liability. That depends on the facts and the law that applies to them. The third issue is proof. Even if you are sued and deep down in your heart you know you did it, the other side still has to prove you did it. Maybe #2 can pin it on you. In a civil case, you have to testify truthfully; there is no 5th Amendment protection.