tracking posts

24 replies [Last post]
Anonymous's picture
Anonymous

...could you please clarify the legality of mr. o'reilly & co. engaging as aol-tw employees and sys admins in tracking one's activity on the internet (see message of 11.09.02, 11:50:23am of peter o'reilly in thread 'welcome')? i was under the impression such activity is reserved for law enforcement agencies. your immediate response is appreciated. thank you!

Anonymous's picture
<a href="http://www.OhReallyOreilly.com">Peter O'Reilly</a> (not verified)
comfort food

"Warning: another long post. Please feel inclined to use the ""Print"" feature, shown immediately above this message, as you wish, for easier reading?

As I mentioned before, I am not a lawyer. As for the ISP, each company has there own corporate policy for this and likewise in turn a ""usage policy"" for folks who use their service. The real concern here is abusive posters, is it not?

I know this whole internet thing can be a bit of a mystery and discussing the IP address matter rather arcane to most. I could be wrong, but that is the impression I get reading these posts. It's new and largely unfamiliar software to many. It's more than understandable some may be a bit uncomfortable, skeptical, or suspicious about the new message board. Hopefully, while trying to keep ""geek speak"" level down as much as possible and achieve success in removing any lagging mysteries concerning this IP tracking concern and improve the comfort level with this new message board.

In a nutshell, you (more specifically your service provider) voluntarily supply the IP (Internet Protocol) address to the web server every time you request a page through your web browser. This is true of nycc.org or any other site you visit. At the risk of being redundant, IP is the protocol of the Internet - that's how it works. All web sites will contain (or at least should) contain a log that tracks when and what pages are requested from their site. Log files are kept mainly for security reasons (to see if it is being hacked) as well as serving other purposes.

This message board's format provides all of the pertinent ""log file"" details with each posted message, namely the following:
- IP address
- ""User agent""
- Date/time stamp

(The ""user agent"" field is part of the protocol and is basic, mundane information about your web browser - what brand, version, PC or MAC, etc. More on this latter).

In your example, this is all the information law enforcement needs to start pursuing their subject. In short, I'm keeping nothing up my sleeve. What you see is the same pertinent info the web admin has access to. It's all public info.

The idea of displaying the IP address is one of democratization - a form of checks and balances. The NYCC is a club - which implies some form of a cohesive community. Why not let the community govern itself? As mentioned in my previous post, all of the information contained in the message, including the IP address is enough information to empower its participants to do so.

If it is a real egregious post (refer to Mr. Rosenthal's post for an unabridged definition), like the recent ""F. You T. L."" post well then of course naturally it's going to get removed ASAP. Posts that are more like sore thumbs, well then, I guess will be at the mercy of your peers who read the posts. How may be possible is outlined in my long Welcome thread post.

Just follow the ""Golden Rule"" when you post - or more plainly don't write stuff that you wouldn't say to someone in person and everything will be OK. Who could take issue with that? The message board-posting paradigm here I think is analogous to one who makes prank telephone calls. If you get one or two or perhaps three prank calls, most likely you just hang up and ignore it. If it starts getting on your nerves and becomes more trouble than its worth, well then, I think it is a safe bet you are going to take action. Likewise, I am willing to bet the same is true with not-so-anonymous message board trolls. Toss enough flames, eventually they will blow back in their embarrassed, red face. With the IP address *you* are now empowered to take action and expose their true identity. Hopefully, there will be no need for this ever.

There is another part of the IP addresses' checks 'n balance. A benefit not discussed before. Combine the IP address and the ""User Agent"" (browser info), it is one that protect"

Anonymous's picture
Tom Laskey (not verified)
Tracking Posts

As to the legality of tracking posts, I will let those in the legal profession speak to that issue. As far as defending this message board against the type of abusive and vile refuse that it is occasionally subjected to, I will go to any and all means at my disposal. Should that lead to discovering the identity of the perpetrators of such refuse, and should such actions persist, I will have no qualms about posting names, addresses, phone numbers, first born, etc to the message board community at large.

Anonymous's picture
Bob Locke (not verified)
Very Interesting

nm

Anonymous's picture
? (not verified)
Not (nm)
Anonymous's picture
NYCC member who is an attorney (not verified)
Legality of tracking posts

The many freedoms which comprise the Bill of Rights (i.e., the first 10 amendments of the Constitution) are rights that citizens have against the government - not against private citizens or groups. This is why the first amendment (largely) prohibits the government from censoring speech but does not stop your private employer from doing so. Similarly, the protections (in the fifth amendment, I think) against unlawful searches (which is how you might categorize the tracking of posts) restrict the actions of the government and not, for the most part, the actions of a private group like the NYCC. (Keep in mind that the above is a huge generalization, but gives you a sense of why the NYCC can track posts with virtual impugnity.)

Anonymous's picture
el jefe (not verified)
really??

Hmmm... a lawyer who doesn't know that the Fifth Amendment protects one against self incrimination???

You are correct though, in that the Bill of Rights does not protect a citizen from searches, lawful or otherwise, by the NYCC. However, what the NYCC does with that info is important. It would be very difficult to disseminate that info without it being libelous.

Anonymous's picture
nycc member who is an attorney (not verified)
the legality of postings

"Jeff,

Allow me respond to a few points in your post.

1. I wrote the post without the benefit of a copy of the Constitution next to me. Therefore, when I made reference to the protection against illegal searches and suggested that the protection was probably in the 5th amendment, I was leaving open the possibility that I was mistaken and that the protection was in another amendment. (Given the friendly nature of the NYCC site, I assumed that an expression of tentativeness on my part would be taken for a sign of intellectual honesty.) I did not, however, say anything about the protection against self-incrimination (which your post suggests I was referring to) and thus, by extension, I did not say anything, tentatively or otherwise, as to which amendment contained it. (You are right, though, it's the fifth amendment or ""taking the fifth"" as it is so often referred to in television dramas.)

2. You also quite right that just because the NYCC can track post does permit the NYCC to freely disseminate such posts. The copyrights of the posting authors would need to be taken into account (in the absence of a waiver otherwise).

3. However, even if the NYCC did inappropriately disseminate posts (and possibly violate the intellectual property protections of the posting authors), this would not, in itself, amount to libel. Libel (and it's oral cousin ""slander"") ocurrs, to put it generally, when one person knowingly publishes (or in slander, ""speaks"") an untruth about another person and such statement would be understood by a reasonable person to be an assertion of truth and and such statement injures the reputation of the object of the statement. In such cases, the culpable party is usually the person making the statement (say, a poster) rather than the publication disseminating it (say, the NYCC website), unless of course the publication had a reason to know that it was facilitating the dissemination of untruths.

Thought you'd like to know."

Anonymous's picture
el jefe (not verified)

Whatever. I'm not going to debate an anonymous poster.

Anonymous's picture
nycc member who is an attorney (not verified)

Mea culpa. I assumed you were interested in debating important Constitutional principles (as they affect our NYCC bulletin board) not merely slinging yet more personal attacks.





Anonymous's picture
My Cousin Vinnie (not verified)
nycc member who is an attorney

"Just wondering....

How come you have the same IP address as Charlie Ward????

""Date: Tuesday, November 12, 2002 1:30:46 PM
Author: Charlie Ward (ward1234@aol.com)
216.73.4.197 Mozilla/4.0 (compatible; MSIE 4.01; Windows NT)
Subject: Tonight's 7:15Loops in Central""


Anyway, Wishing you for a quick recovery from your crash on last wknd's ride :-)"

Anonymous's picture
Sherlock Holmes (not verified)
Maybe, maybe not

Correct me if I'm wrong, Watson, I'm not an IT pro, but the IP address is not Charlie's per se, but that of the server his ISP has logged him on to. And probably hundreds, or thousands, of others at the same time, too. So it's quite possible that it's someone else. Likely? I dunno. Possible? Yup.

And I believe that server assignment is dynamic. That is, you sign off and sign back on, and you've got a new IP address, right? Hint...

And don't forget to refuse that cookie! God only knows what they're doing with THAT info!

Cheers!

Anonymous's picture
<a href="http://www.OhReallyOreilly.com">Peter O'Reilly</a> (not verified)
Who doesn't love cookies?

"Hey Sherlock, you got it right. Furthermore, if the IP address is dynamically assigned, the last few digits of the IP address will change while the 1st few remain constant. (Confusing, enough?) The non-computer analogy that comes to quickly to mind is this...It's akin to having a main office telephone number with subsequent telephone extensions assigned. The main office tel. # plus extension would be the dynamic IP address equivalent.

About cookies - it's all covered in detail in the FAQ pages. For starters, click here to learn what's stored in my cookie and afterwards refer to the ""What are forum's web browser requirements?"" section of the FAQ to see what functionality is gained by using a cookie enabled browser.
I highly recommend you have cookies enabled for this site.

Hope this helps.

~Peter


"

Anonymous's picture
richard rosenthal (not verified)
© and libel: The view of a drop-out.

I'm not a lawyer, but I did drop out of law school. Twice. So I'll make two semi-informed points, one for each time I dropped out.

1.
I doubt the copyright on a post here attaches to the poster any more than it would attach to a letter he wrote an editor that was published. In all liklihood, it resides with the newspaper...if, in fact, it even qualifies for copyright protection. Not every written thing does.

2.
If the club were to correctly identify the identity of an anonymous poster, that is not libel because truth is an absolute defense against a charge of libel.

Richard, still a few credits short of a B.A.

Anonymous's picture
m (not verified)
may i...

...point to you the original question, in the post at the top of this thread, was about tracking ONE PERSON'S ACTIVITY ON THE INTERNET. the thread itself was labeled 'tracking posts'. thank you! m

Anonymous's picture
Shymember OK (not verified)

1. Legally, consideration must be given to tortious interference and prima facie tort, where malice of the publisher is a factor and the truth of the content of the publication is not controlling.

2. El Jefe, why are you so grumpy? You seem to drift to the negative. You, in the past and here, have behaved poorly. You are one of the reasons people, good intentioned people, post under pseudonyns. Wait until your next ride lead, we have a present for you ;-), the present is, we are coming. 10, sharp! Sharp, no excuses.

3. Charlie - busted! Now please don't draft a summons and complaint. It's NYCC after all - like Chinatown, forget about it.

4. When do bicycling talk, humor and good will start on this forum? Oh, forget about it, it's NYCC ... and the bike you rode in on!

Anonymous's picture
Charlie Ward (not verified)
Hey, that ain't me. I'm no litigator!

Hey, that ain't me. I'm no litigator!

El Jefe's the bomb! See you on the road, Jeff.

- Charlie

Anonymous's picture
<a href="http://www.OhReallyOreilly.com">Peter O'Reilly</a> (not verified)
Firing from 3-point range

Well then you don't happen to play for the Knicks? ;-)
~Peter

Anonymous's picture
Pinocchio (not verified)
Hey, that ain't me. I'm no litigator!

"Hmmm….

How come lawyers deny everything?
"

Anonymous's picture
Hardy Boys & Nancy Drew (not verified)
Don't be silly

Don't be silly.
nm

New York City Housing Authority
90 Church St
New York, NY 10007-2919

Anonymous's picture
richard rosenthal (not verified)
Uh, Mr. Anonymous, when is truth actionable?

"I don't know what the anonymous writer, seemingly a lawyer, was writing about or what he was responding to when he stated:

""Legally, consideration must be given to tortious interference and prima facie tort, where malice of the publisher is a factor and the truth of the content of the publication is not controlling.""

...But I sure would be interested in learning of a situation in which publishing the truth is actionable (unless it is in contravention of an injunction or a court ukase). Please educate me.

Richard









"

Anonymous's picture
m&m's (not verified)
Uh, Mr. Anonymous, when is truth actionable?

"i dunno..............
but maybe ""Charlie's Angels"" and his staff @ NYC Housing Authority can enlighten you :->
"

Anonymous's picture
Russ Berman (not verified)
Truth as a Defense

Without research or expertise, I'm not aware of a circumstance where truth would not be a defense to a civil action for libel or slander in a case where the alleged slander is the accurate identification of the claimant as the author of a statement. Separate from libel and slander, it's hard to see how there could be another tort in publicly identifying the author of something posted anonymously on this board, especially after this lengthy thread in which any poster is now on notice that identification is a possibility. Why would anyone suppose he/she has some sort of civilly protected right against public exposure for publicly saying something vile and nasty? For that matter, why would anyone expect to have a civilly protected right to post anonymously? It's a conditional privilege that the board affords its posters, and notice is out there that the privilege depends on compliance with reasonably clear standards. Caveat poster.

Anonymous's picture
Shymember OK (not verified)
TORTS

Legally, consideration must be given to tortious interference and prima facie tort, where malice of the publisher is a factor and the truth of the content of the publication is not controlling.

<<<>>>


That is my quote. I am not giving legal advice. Ha, for free? I was generally opining not on defamation, but on interference and prima facie tort. Truth of the content of the published utterence/statement is always a factor. But it is not always controlling; there are other factors: privilege, justification, malice, innuendo, special damages, motive, etc. Especially in a prima facie tort - a wrong that has never been addressed before is actionable simply because it is wrong and screams for redress. Now, go to bed ;-)


Anonymous's picture
<a href="http://www.OhReallyOreilly.com">Peter O'Reilly</a> (not verified)
BBTTT (nm)
cycling trips