Sunday, May 10, 2009

Law & free speech on Internet -

mekubal wrote:

I am fairly clueless about Israeli law so I must ask, can cease and desist letters be sent via email in Israel?

From a similar case I personally had with a forum I posted on, there are a few things I do know about Israeli law.

1) You are not responsible for content that others post upon your blog.

2) Just because the blog has your name on it, does not mean that they can literally sue you or file a police complaint.

3) In order to bring action in Israel they must first directly link you through your IP address to the blog.

4) Israeli privacy laws forbid you internet-provider from disclosing your I/P account information(the vital and missing link) for any reason other than vital and immediate nation security.

5) If your internet provider does disclose your account information thus making you liable to said lawsuit and police complaint, they can be held liable for any damages that you accrue. In other words you can turn around and sue them.

All that being said. I think that you have in general just been scammed. Though since this is the internet I believe the proper terminology is Trolled.
Daas Torah responded:

The above is nice in theory. But it obviously is not of relevance when the Blog is not anonymous, that a law suit hasn't been filed and that the main concern is intimidation. It is obvious that no legal process would support a law suit simply because a public figure's name is mentioned. Yet that is what the lawyer's email stated.

It is an indication of insecurity when a person can not tolerate any criticism and needs to present a carefully orchestrated view of himself to the world.

An alternative, though not necessarily incompatible explanation. is that he fears that an insignificant blogger can actually ruin his reputation. If Rabbi Tropper believes that I have the amazing power of making the Bedatz bend to my will and believes that I have succeeded in forcing them to become defenders of Rabbi Slikfin - then a naive young man might believe that I have the power to derail his run for glory - or at least be the source of bad luck. This absurd claim had been posted on Rabbi Tropper's blog - but it seems he must have realized how stupid it sounds and it is has been removed. But you the original from Rabbi Tropper's blog is posted below here

No comments :