I would like inquire into the legality of handing over information about the posters on this website. If someone sues fornits and requests that an IP be handed over, will fornits just hand it over?
We have no option but to comply with any court order. If we don't, then this site will no longer exist at all. However, if what we turn over is an ip address for an untraceable proxy... In other words, it's up to you to cover that angle. You can be as safe or as un-safe as you choose to be. The only catch is that if they sue you, can't discover who you are, and you don't come forward to defend yourself, they'll almost certainly get a court order to remove what they see to be the offending post... The catch there is that there is also nothing they can do to stop you from republishing the offending message.
If they somehow managed to get an injunction against, for example, anything related to "CALO"... well that, we would fight, since it would affect the rest of the posters on the site and would probably constituted unconstitutional
prior restraint or something similar (i'd have to ask my attorneys).
The reason I ask is because I'm wondering if there isn't a way for fornits to protect itself against this threat.
You are responsible for your words, not us. You are also responsible for defending yourself from any requests. Essentially what will happen is they will sue a Doe, requesting your identity along with some other legal claims. At that point, you can either fight it (even anonymously), or give in. It's your fight. We don't factor into it. We're just the paper you write on.
Why don't you just purge all IP information every night at midnight? Are you compelled to collect information on fornits users by law?
I don't know the answer to that question. I'd have ask my attorneys and/or research it myself.
Lets say femanon is sued by the program she wants to make a website about in the future, will you just hand over her IP information to the program?
Again, not without due process, which is the domain of the courts.
What other information do you collect on posters and are willing to hand over if asked, or compelled to? I think all fornits users have a right to know what information is collected about them, and in what circumstances the information will be handed over to those seeking it.
What other information? Anything you write. Anything is legally discoverable if you don't fight it, from PMs to your email address. Circumstances? Only when legally obliged to. Again, it's your obligation to fight that if it come to that. In many cases, it's fairly easy to do. You can fight most stuff yourself or through an attorney willing to take the case on a pro-bono or contingent fee basis. Thanks to the anti-slapp statutes in many states, it's fairly easy to strike down a frivolous lawsuit and get (well) compensated for your trouble. Just see Benchmark v. Crawford.
Thanks to that case, programs now know that such suits against survivors won't go well, so it's not something you have to worry about as much anymore. Just be sure to remind them that they don't want to end up with a 187k judgment against them like Benchmark.
If people know by posting here they are subject to people finding out who they are, suing them, etc, I think it takes away from the freedom of speech this site is best known from.
Use a proxy. This site has always operated like this.
Yes, you can say whatever you want right now.. but if you are worried that you will get a letter in the mail saying you're being sued a few weeks later, it might keep people from speaking up. So why not just delete the IP database everyday?
If it's possible and legal, we'll consider it. I'll have to talk to Ginger as she has the final say.
