Domain owner uses fake last name

[gerbert]

CA

I own a website and I use my family last name everywhere (in my email communications, WHOIS domain owner information, etc.). My legal last name is different. Some firm now wants to file a law suit against me for failing to remove content submitted by my users.

I know that I have immunity under the section 230 (Section 230 of the Communications Decency Act) but I don't know what to do about their use of my not real last name (they are filing a suit using the info from whois). Should I correct them? or change the whois info now?

thanks,

 

[Zigner]

CA

I own a website and I use my family last name everywhere (in my email communications, WHOIS domain owner information, etc.). My legal last name is different. Some firm now wants to file a law suit against me for failing to remove content submitted by my users.

I know that I have immunity under the section 230 (Section 230 of the Communications Decency Act) but I don't know what to do about their use of my not real last name (they are filing a suit using the info from whois). Should I correct them? or change the whois info now?

thanks,

What does your attorney say?

 

[Alex23]

I'm more interested in the content they want you to remove.

 

[Zigner]

CA

I own a website and I use my family last name everywhere (in my email communications, WHOIS domain owner information, etc.). My legal last name is different. Some firm now wants to file a law suit against me for failing to remove content submitted by my users.

I know that I have immunity under the section 230 (Section 230 of the Communications Decency Act) but I don't know what to do about their use of my not real last name (they are filing a suit using the info from whois). Should I correct them? or change the whois info now?

thanks,

Just to be clear - they will file the suit with additional defendants listed as "Does". They will find out your real name and amend their suit.

 

[gerbert]

Thanks for your answers. I have not spoken to my attorney yet (have to find one). Right now I am concerned if I should act fast and update the whois info.

Zigner, if I understand your reply correctly, I should not be concerned with them filing a suit against a person who does not legally exist, right?

 

[Zigner]

Thanks for your answers. I have not spoken to my attorney yet (have to find one). Right now I am concerned if I should act fast and update the whois info.

Zigner, if I understand your reply correctly, I should not be concerned with them filing a suit against a person who does not legally exist, right?

You couldn't have misunderstood more. They can file suit against the site, the named owner AND several unknown persons (DOES, as in "JOHN DOE"). If the person who may be sued is you, then YES, you should be concerned. Don't think for a second that your little subterfuge will cause anything more than a slight delay in the case against you.

 

[gerbert]

I am not trying to avoid being sued (sounds funny but I think I was clear about that). My users expressed their opinions, and they are responsible for the posted content. I am in this case is a provider of service. As I said in my first post, I want to know if my not using of a legal name in the whois database might cause any trouble for me.

You are saying that all they would need to do is replace the name. so it's good news.

 

[Zigner]

I will be perfectly clear on this.

If somebody wants to sue you, they will. If the name is not correct, it WILL get corrected during the course of the suit.

 

[thedoctorisin]

I will be perfectly clear on this.

Okay, I will take a try explaining the OP's situation:

• He is happy to be sued regarding the website content issue, and looks forward to defending himself in court.
• He is concerned that he bears some responsibility for the lawsuit using an incorrect name, and is worried that he could get into trouble for that.

My advice to the OP:

• Unfortunately, a lot of legal types will jump to the conclusion that you are trying to avoid liability or otherwise act in a shady manner by using an incorrect name on your website registration.
• To avoid giving this impression, I recommend writing a letter to all concerned acknowledging that you are the owner of the website, and you are not trying to avoid responsibility for the website by using a different name, and that you just used a alternate name on the website registration for personal reasons.

 

[Zigner]

Okay, I will take a try explaining the OP's situation:

• He is happy to be sued regarding the website content issue, and looks forward to defending himself in court.
• He is concerned that he bears some responsibility for the lawsuit using an incorrect name, and is worried that he could get into trouble for that.

My advice to the OP:

• Unfortunately, a lot of legal types will jump to the conclusion that you are trying to avoid liability or otherwise act in a shady manner by using an incorrect name on your website registration.
• To avoid giving this impression, I recommend writing a letter to all concerned acknowledging that you are the owner of the website, and you are not trying to avoid responsibility for the website by using a different name, and that you just used a alternate name on the website registration for personal reasons.

Your advice is dangerous. OP - speak to a lawyer IF you are sued. Don't go sending out letters willy-nilly accepting (or denying) anything. That would be reckless.

 

[cfspartan]

Least of your concerns

Can you just remove the content? Also, I assume your legal name is a married name and the family name is either a middle name or a maiden name? I don't see a problem using the middle or maiden name. I know several women who operate successful businesses using their maiden names while their driver's license shows their married name. Next time, spend the extra $10 per year and do a private registration. Still the sound solution seems to be removal of the offending content and an apology letter from the site name. Their suit will be amended with an "AKA"... shouldn't be a cause for alarm. The suit itself is the alarming issue, not the name being used in the summons, etc.