Craigslist

[Seanzie]

What is the name of your state? Georgia

Hi, I'm not sure how many of you are familiar with craigslist.org, but this is a site where you can buy or sell goods, look for a roommate, look for a job, or post personals. Someone has posted two ads in one of the personals sections (the Men Seeking Men in Atlanta section) using my pictures and information (height, age, body type). The first ad said I was returning to Atlanta on a certain date and "looking to have some fun before classes begin." The second personals ad made a similar request. Both ads used jargon/slang that imply that I was looking for a random sexual encounter.

Word spread quickly among my friends that these ads were up and some of them called me asking if it was really me. One person actually sent me a facebook message showing interest. It was extremely embarrassing to have my friends think I had resorted to putting an ad up on the internet looking for a random sexual encounter. I contacted craigslist and told them that I didn't post the ads. Craigslist removed the two ads immediately. Craigstlist policy states that if a person posts information about someone knowing that it's not them, they forfeit their right to privacy and craigslist will turn over their contact information to the victim. However, when I asked for the information, they said they need a subpoena or search warrant because of Federal Privacy Policy.

My question: how do I obtain a subpoena/search warrant? We receive free legal counsel at my school, but the lawyer didn't show up today. Should I go to my school's Police Department and ask them?

Thanks for your help.What is the name of your state?

 

[SHORTY LONG]

Yes, go to your school's Police Department and ask them, or wait until the Attorney returns, that is, if it will be soon.

 

[xylene]

I sympathize with your experience, but I would urge you to not make too much of this.

Regrettably many people are the subject of far worse online harassment with little to no recourse.

Just be sure that any resources you invest in battle are proportional to the satisfaction you will return.

 

[Seanzie]

It's not so much that I'm looking to punish for person for what they've done. I really just want to know who did it so I can confront them. I want to find out if it is someone I know and this is their idea of a prank (not a very funny one if you ask me), or if it is someone I don't know and is possibly stalking me or something.

Within the last few minutes someone showed me that a third ad using my pictures was posted on Friday, so this appears to be an ongoing thing.

 

[quincy]

Generally you will not get a court to issue a subpoena to compell an ISP to disclose the identity of a user unless you can bring before the court clear evidence of a tort (such as defamation) that is actionable (or has merit). The court must be shown the merits of your case (the defamatory material and the injuries sustained as a result of this defamation), and the court may even allow you to litigate some of a defamation claim through summary judgment before permitting discovery, a subpoena, and the revealing of the online defamer's name. WHO defamed you is not as important to the court as the defamation itself.

A lot of the reason for this is that Internet speech is afforded the same protection under the First Amendment as other speech. ISPs receive requests to reveal the identities of posters all the time, several times every day, and many of these users are merely expressing opinion, which is a highly protected free speech.

A court will generally not issue a subpoena if you only want to know the identity of a poster and do not want to go ahead with a suit.

Your best bet, if you do not wish to sue (which can get expensive anyway) is to keep contacting craigslist and have the offending material deleted as soon as it appears. Your defaming "friend" may, hopefully, tire of his little game soon.