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Maryland appeals court will hear 'cybersmear' case.

The Baltimore Sun (Baltimore, MD)

| November 02, 2005 | COPYRIGHT 2007 The Baltimore Sun. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: Laura Smitherman

Nov. 2--A Maryland appeals court will hear arguments today in a "cybersmear" case that could help determine whether someone who makes an anonymous -- and disparaging -- Internet posting in chat rooms or on message boards could be unmasked.

A decision could add to an emerging body of law shaping free-speech boundaries in the Internet age, when people using screen names as aliases regularly gripe online about politicians, employers and investments. The area is of great concern on Wall Street where online postings have moved stock prices and tarnished corporate reputations.

The case stems from efforts by an Arizona drug company to obtain the names of subscribers to a financial newsletter based in Rockville, in hopes those people would lead them to those who allegedly defamed the company online. The publisher, Timothy M. Mulligan, is fighting the subpoena with the help of the American Civil Liberties Union, Electronic Privacy Information Center, Public Citizen and other advocacy groups.

Courts across the country have addressed "John Doe" subpoenas, which are used to elicit the names of anonymous Internet posters, and have come to differing conclusions. The Maryland case is the first in the state to touch on…

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