[Vision2020] LMT Feb 19 -- Lack of policing renders forum virtually bullet-proof

[AreaMan]

Part 2 for those who don't get the Trib:
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Lack of policing renders forum virtually bullet-proof; Vision 2020's
very lack of editors, moderators and rules provides a level of
protection against libel 

By DAVID JOHNSON of the Tribune

MOSCOW -- Latah County Public Defender Charles Kovis has been lurking on
Vision 2020 and downloading potential evidence for the better part of
two months. 

One of his clients has been charged with a crime and many people have
posted their opinions as to guilt or innocence on the cyberspace
soapbox. Much of what has been said, claims Kovis, is inaccurate,
unfounded and arguably libelous. 

While the postings could be fodder for a civil suit, Kovis has already
presented about 80 e-mails, and a handful of newspaper clippings, to a
judge as justification for a change of venue, should his client's matter
go to trial. 

But the question remains -- who, if anyone, is liable for what ends up
on Vision 2020? 

Charles Brown, a Lewiston attorney steeped in libel law experience, says
both statute and case law may lack an answer to that question. 

"It isn't as if they stood up on a soapbox in town square and said
something slanderous," Brown says. In that situation, witnesses would
undoubtedly be available to testify about who said what. 

The Vision 2020 soapbox, says Brown, presents a somewhat unique legal
puzzle. In fact, he suggests, Vision 2020 may be unique in its own
right. Nowhere else is he aware of an Internet forum that is more
legally bullet-proof. 

That's because First Step Internet, the company that maintains Vision
2020, refuses to filter any of the content. Everything ends up on the
site as originally written. Unlike newspapers that pick, choose and edit
letters to the editor, Vision 2020 posts everything. 

"Arguably, they wouldn't be held liable," Brown says. 

Bill Moore, director of technology for First Step Internet, agrees. He
says his company's attorneys have advised that as long as Vision 2020 is
merely maintained and not moderated, the cyber soapbox is on firm legal
footing. 

"I'm just like the plumber," Moore says. "I just keep the pipes clean." 

As for those who post on Vision 2020, most attorneys would probably
advise them to refrain from saying the kind of things that have been
said all these years. After all, anyone can file a lawsuit for slander
or libel. 

On the other hand, says Brown, it might be tough to prove in court who
actually posted the e-mails in question. While most Vision 2020 posters
provide names, identifying the actual author, short of a confession,
might be a legal hurdle, Brown says. 

The bottom line, says Moore, is he hopes subscribers appreciate the free
service they're receiving. The company spends out-of-pocket dollars
maintaining Vision 2020. And many of First Step's Internet accounts have
been canceled, says Moore, because people get upset with what's said on
Vision 2020 and they decide to punish the messenger. 

"It really is a commitment of time and money, and we have lost lots of
money," Moore says. "We do it as a public service." 
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Thank you for your commitment, Mr. Moore

Dan Carscallen