Legal Threats

[jsteele]

Once again we have been contacted by someone's lawyer: I received the following email about the Midwife thread. I don't believe that I have any liability in this situation, but some of the posters in that thread might (if they can be identified):

Dear Mr. Steele and Ms. Sokurashvili:

I am writing you regarding the recent discussion thread “Midwife Charged in DC? Karen Carr, CPM. . .” as legal counsel to an individual who has been the subject of speculation in several posts in this string. My client wishes to remain anonymous due to the sensitive nature of the circumstances. The recent posts in this thread have inflicted considerable harm to my client’s livelihood and reputation resulting from conjecture, false representation of facts and other defamatory conduct made by participants on the DC Urban Moms list. I am writing to demand that you immediately cease and desist from any further publication of this discussion thread and remove it in its entirety from the list archives and records. While the DC Urban Moms list is a valuable resource for discussion and debate, in this instance, it has crossed the line. The participants, who are allowed to remain anonymous, have recklessly posted baseless conjectures about the circumstances revolving around the manslaughter charges against Karen Carr and the individuals who were allegedly in attendance at the birth or who otherwise provided medical or health advice to the parents of the deceased baby. The statements published on your list regarding the facts of this situation are false and have inflicted considerable harm to my client. As such, the publication of these statements constitutes defamation. In fact, because certain list participants have gone as far as making accusations of criminal conduct, these false statements constitute defamation per se. Please notify me by April 25 of your intent to comply with this request. I would gladly discuss my client’s concerns with you in greater detail and you may reach me at xxx-xxx-xxxx if you have any questions regarding this request. My client reserves all rights and remedies available under the law.

Here is my response:

If you would like to identify specific messages of concern to you within the discussion thread "Midwife Charged in DC", I will evaluate them individually. However, I am not willing to delete the thread wholesale. Please understand that I am not a participant in the discussion thread you reference, nor am I familiar with the vast majority of the posts in the thread. I am sure that you are familiar with section 230 of the Communications Decency Act. As such, neither Maria nor I hold any liability in this situation.

I would also like for you to understand that you should have no expectation of confidentiality in your communications with me. Given that I am not familiar with the identifies of those participating in the discussion at issue, the only way that I can communicate with them is publicly.

Sincerely,

Jeff

[Anonymous]

Jeff:

1. Have you also posted this in the midwife thread?
2. Under what circumstances would you release IP addresses, etc., from that thread?

[jsteele]

Yes, I have posted it in the midwife thread.

I would only release IP numbers from that thread if I was compelled legally or I felt strongly that a poster was attempting to abuse anonymous posting to maliciously defame someone. Note, that is not the same as giving an opinion or statement of fact that results in harm to someone's reputation. I strongly suggest that all posters avoid telling lies about other people because if I find out about it, I will have no qualms about exposing them.