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	<title>Comments on: UK Court: Blogger Anonymity Not a Right</title>
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	<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/</link>
	<description>Online Journal of Politics and Foreign Affairs</description>
	<lastBuildDate>Wed, 25 Nov 2009 17:16:14 -0600</lastBuildDate>
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		<title>By: EdGi</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065992</link>
		<dc:creator>EdGi</dc:creator>
		<pubDate>Wed, 17 Jun 2009 20:49:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065992</guid>
		<description>Jim, NightHawk should have added, &quot;anything you say can and will definitly be used against both you and anyone associated with you&quot; Whistleblowers, warriors and insiders are all vulnerable to outrage from the offended, which gives outside people with no vulnerability license to be ignorant and the insider dead. I am continually amazed at those who think they have protection of any kind on the internet. Freedom is not free, and we need a way to work with the risks.</description>
		<content:encoded><![CDATA[<p>Jim, NightHawk should have added, "anything you say can and will definitly be used against both you and anyone associated with you" Whistleblowers, warriors and insiders are all vulnerable to outrage from the offended, which gives outside people with no vulnerability license to be ignorant and the insider dead. I am continually amazed at those who think they have protection of any kind on the internet. Freedom is not free, and we need a way to work with the risks.</p>
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		<title>By: Nightly Ramble: Bread, Milk, and a Sixpack Edition &#124; BitsBlog</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065988</link>
		<dc:creator>Nightly Ramble: Bread, Milk, and a Sixpack Edition &#124; BitsBlog</dc:creator>
		<pubDate>Wed, 17 Jun 2009 20:04:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065988</guid>
		<description>[...] Redux: By way of James Joyner, I see that the English courts have ruled that Bloggers don&#8217;t have a legal right to [...]</description>
		<content:encoded><![CDATA[<p>[...] Redux: By way of James Joyner, I see that the English courts have ruled that Bloggers don&#8217;t have a legal right to [...]</p>
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		<title>By: PD Shaw</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065825</link>
		<dc:creator>PD Shaw</dc:creator>
		<pubDate>Wed, 17 Jun 2009 15:55:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065825</guid>
		<description>&lt;blockquote&gt;It&#039;s called whistle-blowing, and people lose their jobs for it all the time. That doesn&#039;t mean they shouldn&#039;t be doing it.&lt;/blockquote&gt;

As James pointed out, there are laws protecting whistle-blowers from being fired for reporting violations of law.  But that&#039;s a narrow category, most of what people &lt;strong&gt;think&lt;/strong&gt; is whistle-blowing is merely gossip that casts an employer in a bad light.</description>
		<content:encoded><![CDATA[<blockquote><p>It's called whistle-blowing, and people lose their jobs for it all the time. That doesn't mean they shouldn't be doing it.</p></blockquote>
<p>As James pointed out, there are laws protecting whistle-blowers from being fired for reporting violations of law.  But that's a narrow category, most of what people <strong>think</strong> is whistle-blowing is merely gossip that casts an employer in a bad light.</p>
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		<title>By: Eric Florack</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065813</link>
		<dc:creator>Eric Florack</dc:creator>
		<pubDate>Wed, 17 Jun 2009 15:36:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065813</guid>
		<description>Arguably, though, the right to unmask changes the game.</description>
		<content:encoded><![CDATA[<p>Arguably, though, the right to unmask changes the game.</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065811</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Wed, 17 Jun 2009 15:31:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065811</guid>
		<description>&lt;blockquote&gt;I&#039;d be more interested in the concerns of the individual being bitchslapped by an anon blogger, as Whalen was, and repeatedly.&lt;/blockquote&gt;

That&#039;s the nature of blogging.  It would be one thing if Publius had been spreading lies about Whelan or some such. Blogging about what an idiot Whelan was, though, is part of the game.</description>
		<content:encoded><![CDATA[<blockquote><p>I'd be more interested in the concerns of the individual being bitchslapped by an anon blogger, as Whalen was, and repeatedly.</p></blockquote>
<p>That's the nature of blogging.  It would be one thing if Publius had been spreading lies about Whelan or some such. Blogging about what an idiot Whelan was, though, is part of the game.</p>
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		<title>By: Furhead</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065806</link>
		<dc:creator>Furhead</dc:creator>
		<pubDate>Wed, 17 Jun 2009 15:18:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065806</guid>
		<description>&lt;blockquote&gt;Neither the Publius nor the NightJack cases involve whistle-blowing, however. &lt;/blockquote&gt;

Fair enough.  And perhaps I was taking the statement too generally.  I&#039;d have a hard time finding a counter-example to the &quot;reputation&quot; part of it, regardless.</description>
		<content:encoded><![CDATA[<blockquote><p>Neither the Publius nor the NightJack cases involve whistle-blowing, however. </p></blockquote>
<p>Fair enough.  And perhaps I was taking the statement too generally.  I'd have a hard time finding a counter-example to the "reputation" part of it, regardless.</p>
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		<title>By: Eric Florack</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065794</link>
		<dc:creator>Eric Florack</dc:creator>
		<pubDate>Wed, 17 Jun 2009 14:46:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065794</guid>
		<description>Let me add some clarity, here. There&#039;s a major difference between individuals outting anonymous bloggers, and the government doing it. I&#039;ve no problems with Whalen outing Publius, as an example, but  the Nixon administration outting &#039;Deep Throat&quot; by virtue of the same law is inherrently dangerous, in my view. I wonder how law could address that.</description>
		<content:encoded><![CDATA[<p>Let me add some clarity, here. There's a major difference between individuals outting anonymous bloggers, and the government doing it. I've no problems with Whalen outing Publius, as an example, but  the Nixon administration outting 'Deep Throat" by virtue of the same law is inherrently dangerous, in my view. I wonder how law could address that.</p>
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		<title>By: Eric Florack</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065790</link>
		<dc:creator>Eric Florack</dc:creator>
		<pubDate>Wed, 17 Jun 2009 14:38:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065790</guid>
		<description>&lt;blockquote&gt;I think the law is absolute: People have a right to out anonymous/pseudonymous bloggers. As to who decides what&#039;s noble, it&#039;s the reading public.&lt;/blockquote&gt;

Mmm.  That would be fairly well consistant with the position I took in the Whalen case. 

That said, I must admit a level of concern about this. You mention &quot;Public Interest&quot;, James... isn&#039;t &quot;Public Interest&quot; what hustled us down the road to Kelo, for example?  I&#039;d be more interested in the concerns of the individual being bitchslapped by an anon blogger, as Whalen was, and repeatedly. 

I wonder though, given the (agreed upon) absolute nature you cite, how to seperate the government outting someone who was making it look bad, vs an individual protecting themselves from anon attacks.</description>
		<content:encoded><![CDATA[<blockquote><p>I think the law is absolute: People have a right to out anonymous/pseudonymous bloggers. As to who decides what's noble, it's the reading public.</p></blockquote>
<p>Mmm.  That would be fairly well consistant with the position I took in the Whalen case. </p>
<p>That said, I must admit a level of concern about this. You mention "Public Interest", James... isn't "Public Interest" what hustled us down the road to Kelo, for example?  I'd be more interested in the concerns of the individual being bitchslapped by an anon blogger, as Whalen was, and repeatedly. </p>
<p>I wonder though, given the (agreed upon) absolute nature you cite, how to seperate the government outting someone who was making it look bad, vs an individual protecting themselves from anon attacks.</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065773</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Wed, 17 Jun 2009 13:56:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065773</guid>
		<description>&lt;blockquote&gt;It&#039;s called whistle-blowing, and people lose their jobs for it all the time. That doesn&#039;t mean they shouldn&#039;t be doing it.&lt;/blockquote&gt;

We&#039;ve got laws on the books to protect whistle blowers, although I can&#039;t vouch for their effectiveness.

Neither the Publius nor the NightJack cases involve whistle-blowing, however.  Publius wanted to shield his political views from his career and family for a variety of reasonable rationales. NightJack was giving away case information and the inside dope on policing, not exposing corruption or specific misdeeds.</description>
		<content:encoded><![CDATA[<blockquote><p>It's called whistle-blowing, and people lose their jobs for it all the time. That doesn't mean they shouldn't be doing it.</p></blockquote>
<p>We've got laws on the books to protect whistle blowers, although I can't vouch for their effectiveness.</p>
<p>Neither the Publius nor the NightJack cases involve whistle-blowing, however.  Publius wanted to shield his political views from his career and family for a variety of reasonable rationales. NightJack was giving away case information and the inside dope on policing, not exposing corruption or specific misdeeds.</p>
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		<title>By: Furhead</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065768</link>
		<dc:creator>Furhead</dc:creator>
		<pubDate>Wed, 17 Jun 2009 13:45:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065768</guid>
		<description>&lt;blockquote&gt;“If it might cost you your job or your reputation, then you ought not be doing it.”&lt;/blockquote&gt;

As I think I mentioned in the Publius thread, I tend to disagree with this sweeping statement.  It&#039;s called whistle-blowing, and people lose their jobs for it all the time.  That doesn&#039;t mean they shouldn&#039;t be doing it.</description>
		<content:encoded><![CDATA[<blockquote><p>“If it might cost you your job or your reputation, then you ought not be doing it.”</p></blockquote>
<p>As I think I mentioned in the Publius thread, I tend to disagree with this sweeping statement.  It's called whistle-blowing, and people lose their jobs for it all the time.  That doesn't mean they shouldn't be doing it.</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065767</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Wed, 17 Jun 2009 13:44:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065767</guid>
		<description>&lt;blockquote&gt;Well, this raises the question, though of how one deals with nobility of purpose as a matter of law. And who gets to decide what is and is not &#039;noble&#039;?&lt;/blockquote&gt;

I think the law is absolute: People have a right to out anonymous/pseudonymous bloggers.  As to who decides what&#039;s noble, it&#039;s the reading public.</description>
		<content:encoded><![CDATA[<blockquote><p>Well, this raises the question, though of how one deals with nobility of purpose as a matter of law. And who gets to decide what is and is not 'noble'?</p></blockquote>
<p>I think the law is absolute: People have a right to out anonymous/pseudonymous bloggers.  As to who decides what's noble, it's the reading public.</p>
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		<title>By: Eric Florack</title>
		<link>http://www.outsidethebeltway.com/archives/uk_court_blogger_anonymity_not_a_right/comment-page-1/#comment-1065753</link>
		<dc:creator>Eric Florack</dc:creator>
		<pubDate>Wed, 17 Jun 2009 13:25:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=37969#comment-1065753</guid>
		<description>&lt;blockquote&gt;I would add, however, that some motivations for revealing the identity of anonymous (or, as in most of these cases) pseudonymous bloggers are more noble than others.&lt;/blockquote&gt;

Well, this raises the question, though of how one deals with nobility of purpose as a matter of law. And who gets to decide what is and is not &#039;noble&#039;? 

&quot;Publius&quot;, call your office.

I mean, was he &#039;noble&#039; in his attacks on Whalen?</description>
		<content:encoded><![CDATA[<blockquote><p>I would add, however, that some motivations for revealing the identity of anonymous (or, as in most of these cases) pseudonymous bloggers are more noble than others.</p></blockquote>
<p>Well, this raises the question, though of how one deals with nobility of purpose as a matter of law. And who gets to decide what is and is not 'noble'? </p>
<p>"Publius", call your office.</p>
<p>I mean, was he 'noble' in his attacks on Whalen?</p>
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