News

Internet Anonymity at its Worst

liskula cohen blog lawsuit.jpgLiskula Cohen’s modeled for Versace and Armani and landed international Vogue covers, but recently she’s made less fashionable headlines.

Last year, a doorman smashed her over the head with a vodka bottle and this year she’s sued Google to reveal the identity of an especially cruel blogger. The both tragic and anonymous person used Google’s blogger.com platform to unleash constant rants about the blond’s imagined sexual habits, but argued in court that the words were, “non-actionable opinion and/or hyperbole.”

Many thought Cohen wouldn’t win - after all half of the internet is anonymous - but today a judge ruled that Google must identify the blogger, which means Cohen can officially take that person to court. And where would that court case lead? The anonymous blogger’s lawyer put it best: “The floodgates would be opened if you tried to regulate these very broad, common insults and invective on the Internet. You can be really, really mean to people — you just can’t lie about a set of facts that are provable as lies, and that you knew or recklessly disregarded the truth of.”

Not that we’d ever have time, or the energy, to sue half the people who use our comments section as their own personal punching bag, but we admit we’d love to put a face to their bitching.

Will she win the case? Maybe not. But here’s hoping she’ll scare at least a few people to think twice before unleashing their anonymous vitriol.

Comments

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1

posted by guest

Aug 18, 2009 3:08PM

first

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2

posted by guest

Aug 18, 2009 3:10PM

I think the bigger lie is in regards to this woman's alleged Vogue covers. It's been mentioned in every story about her, but where's the proof? Pics or it didn't happen, right?

PS, that isn't meant to be vitriolic against Ms. Cohen! I'm just a little sus is all. :)

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posted by guest

Aug 18, 2009 3:36PM

I think this is just one of many examples where the law hasn't been able to keep up with technology. I am all for banishing the anonymous part of the internet; that way, free speech is protected, but one cannot say things they wouldn't want associated with their own name and/or face.

Mean people suck.

xoxo to the nice ones!
http://KateDarling.Blogspot.com

4

posted by RashomonRebel

Aug 18, 2009 3:57PM

Apparently, #3 hasn't been able to keep up with the technology either because she still can't figure out how to register a name!

Here are some suggestions:

KissMeKate

ItsKateDuhling

KateBlandChat

KatherineTheKate

KateDoesNotSuck

IhaveNotVisitedKatesBlogEvenOnce

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posted by guest

Aug 18, 2009 4:05PM

Actually, RR, I HAVE, but the confirmation email never came through. I have requested help with this several times, but no one has any suggestions.

I'll stick to Kate Darling, thanks. And my blog is only for nice peeps.

xoxo,
KD

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posted by guest

Aug 18, 2009 4:38PM

SCHNEIDER

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posted by guest

Aug 18, 2009 4:47PM

What constitutes vitriol? What about bitching about somebody's lack of fashion sense (*ahem* Lindsay Lohan *ahem*)? Would that be bad?

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posted by guest

Aug 18, 2009 4:48PM

Oh sorry, #7 was written by Jenna.

I'm also technologically-backward because I didn't sign up for an account.

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9

posted by guest

Aug 18, 2009 5:06PM

What a snarky day in the Fashionista comments section.

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posted by nycshoegal

Aug 18, 2009 5:21PM

RR and KD, you guys crack me up.

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posted by guest

Aug 18, 2009 5:28PM

I'm going to throw a really crazy idea out there and suggest that we get back to the original intent-at least what I assume was-of comments, and

1. Stick to the issue at hand.

2. Have a healthy debate without attacking one another.

Fair enough?

xo KD

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12

posted by guest

Aug 18, 2009 6:13PM

Kate Darling, after reading RR's comment I decided to visit your blog for the first time and was going to comment on one of the posts. However, it seems you have comments disabled? I am curious as to why this is. I think it is rather strange, considering you might be the most frequent commenter on Fashionista.

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posted by guest

Aug 18, 2009 6:13PM

Schneider is the man! Lawyer of the year!

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14

posted by guest

Aug 18, 2009 6:47PM

HAHAHAHAHA this is hilarious!

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posted by guest

Aug 18, 2009 6:48PM

#12-

There are two reasons. One, because of some of the things I have seen on this site. I don't put negativity out there, and I'm not going to allow it around me, either. Two, it's a different format. Fashionista pretty much encompasses all people interested in fashion, and while Abby and Britt share news and their opinions, they have also created an open forum for all "fashionistas". You'll notice they usually end posts with a question, inviting debate.

My blog is about how I see the world, hence the name. :) I don't expect everyone to agree with it, but I'm not really inviting debate, either. It's more just food for thought. If someone wants to offer suggestions or give constructive criticism, I have my email up.

I confess I am very opinionated, and I appreciate you guys putting up with it. :) Thank you for visiting my blog; if you have one, too, I would love to check it out. I continue to be impressed by the great writers I see on here.

xoxo,
Kate Darling

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posted by guest

Aug 18, 2009 6:54PM

Here's a quote from the article that I hope resonates with everyone here:


"I'm a human being. I bleed. I have feelings. When I saw that blog, it was awful," she told The Post. "All I can say for this person is, I really truly hope that they have more in their life than this," she said of the vile blog, which has been taken down.

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posted by guest

Aug 18, 2009 7:07PM

Wait a minute--

A doorman (presumably in the employ of a business, hotel, or coop) "smashed her over the head with a vodka bottle" but she instead elected to sue a (probably) impecunious author who slandered her on Google-Blogger?

Apparently the vodka bottle damaged the plaintiff-lawsuit center of her brain....

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posted by guest

Aug 18, 2009 7:15PM

Liskula has been a working model in nyc for at least 16 yrs. She is well respected and liked. She has walked the runway for some of the best designers, when super models ruled the runways and she was always cast with them. She was on the cover of Vogue Australia..and it was one of their best covers to date. She has also worked for beauty giant Revlon.

I think what she is doing is brave and we should save the stupid , childish comments for the sandbox.

I personally wish her much success in her career and her lawsuit.

Jason Kanner

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posted by guest

Aug 18, 2009 8:27PM

Not that we’d ever have time, or the energy, to sue half the people who use our comments section as their own personal punching bag, but we admit we’d love to put a face to their bitching.

Will she win the case? Maybe not. But here’s hoping she’ll scare at least a few people to think twice before unleashing their anonymous vitriol.

BRITT THIS IS THE PROBLEM . ITS 6 FROM SEPTEMBER ISSUE HERE, YOU ALWAYS MAKE IT SO PERSONAL AND ABOUT YOU, AND YOU MAKE IT SOUND SO OBNOXIOUS!!!! I-don't-like-it! if only the coverage on the blog wasn't so good! (and a round of applause to you on that, you really do a fanastic job!) I remember a post talking about the Olsens saying "Before I used to work in the same industry as them.." Babe, unnecessary opinion phrase!?

20

posted by Britt Aboutaleb

Aug 18, 2009 9:47PM

really? i thought the problem was that i'm fat & wear jean shorts, not like cool cut-offs?

at least you like my "righting"

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posted by guest

Aug 18, 2009 10:10PM

I guess my question is whythefuxk do you even care about what people say about you on the Internet?
If you're comfortable with who you are & what you do/did, what is the real issue?
Because if it's not on the Internet, it's over the phone or face-to-face.
People will ALWAYS talk, this just feeds them.
Like Britt feeds herself coffee cakes & Starbucks until she's bursting out of her 2 sizes too small jean shorts.
See Britt, do you really care?

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posted by guest

Aug 18, 2009 11:17PM

Just because I've wanted to say this for a while (and even though I don't post angry or mean comments on any blog):

I could post my full name, my address, my social security number and my mother's maiden name, and I'd still be as much of a stranger as any anonymous poster.

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posted by guest

Aug 18, 2009 11:31PM

All I have to say about this is that people need to grow a spine and stop whining to Mother about some meanie saying not-nice things about them on the internet. Yes they need to grow up, but if it gets to you that much then so do you.

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posted by guest

Aug 18, 2009 11:48PM

Thank you, Britt!!! I can't believe she had the audacity to even admit who she was! But you shut her down. Game Over.

#22-yes, you would still be a stranger. But your name would be remembered in how you chose to express yourself. After awhile, "Amy Jones" or whoever would get a reputation for saying mean things. Anonymity allows for anyone to say anything without consequence, something one couldn't escape in real life, could they?

#23-To a certain extent, part of maturity is having a thick skin, I agree. But did you read the full article linked above? Would you really be ok with someone saying those things about you? I think it speaks volumes that the blogger did not want to be unmasked; they knew what they were doing was wrong. Dare I compare KKK members with their stupid hoods. If you really believe what you say is right, then why hide? There is a way to express views without hate, or to criticize without attacking a person's character. The internet is still a fairly new frontier, and I guess we are still grappling with ethics and laws to manage it. But when I see skyrocketing levels of cyberbullying among youth (and subsequent suicides-heartbreaking), I think it's time to address the issue. Girls like darling Tavi read Fashionista, and as adults, we should set good examples for them.

xoxo and Good night,
Kate Darling

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posted by guest

Aug 19, 2009 1:34AM

Beautifully said Kate Darling.

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posted by guest

Aug 19, 2009 5:45AM

#9, it's always like this.

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posted by guest

Aug 19, 2009 10:35AM

#26, oh I know, but there was a brief period where people seemed to be getting along - and then a relapse.

But, I guess it's freedom of speech at its finest.

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posted by guest

Aug 19, 2009 10:46AM

#18 (Jason): I am sure Ms. Cohen is a lovely person and you are also one to defend her. She certainly did not deserve to have a blog made specifically to verbally harm and defame her.

However, you say: "Liskula has been a working model in nyc for at least 16 yrs." The Post says she is 27. Are we really to believe she has been working since she was 11 years old?

I have been following fashion since before "super models ruled the runways," but I just don't remember seeing Cohen at any point in any magazine, campaign, or runway footage. This is NOT to say she did not work, but a quick photo search of the usual places like FashionModelDirectory shows relatively few photos for someone who has worked 16 years (she's not even listed at supermodels.nl, style.com, nymag.com, etc.). It throws the prestigious claim of Vogue cover into question -- where's a simple thumbnail of it? I'm not trying to pick on this woman, I am just curious about this lack of evidence.

In general, I think what Ms. Cohen went through is a bit different/worse than cruel internet comments -- she had a whole website dedicated to spewing vitriol at her. Nasty blog comments aren't nice but they are not quite the same as the Cohen situation, as a blog owner can always delete comments he/she doesn't like. Ms. Cohen had no recourse but to sue in order to stop the cruelty and falsehoods aimed solely at her.

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29

posted by guest

Aug 19, 2009 10:53AM

KateDarling, comparing nasty internet comments to the KKK is simply beyond the pale.

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posted by Britt Aboutaleb

Aug 19, 2009 10:56AM

guest 28. the nypost was mistaken, liskula's 36.

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31

posted by guest

Aug 19, 2009 10:56AM

Ah, that makes much more sense, thanks Britt.

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posted by deathofadame

Aug 19, 2009 10:59AM

....this has to be the first time I read every comment.

http://vinesteet.blogspot.com/

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posted by guest

Aug 19, 2009 12:01PM

#29-

I was comparing the need to hide behind hatefulness, not crimes committed.

xo,
KD

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34

posted by guest

Aug 19, 2009 12:22PM

Still a terrible comparison, KateDarling my friend. Which I think you were aware of when making it, as you said "Dare I compare..."

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posted by RashomonRebel

Aug 19, 2009 1:13PM

lol, I was just bored of yesterday's content.

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36

posted by guest

Aug 19, 2009 5:33PM

Not the same guest as any of the previous ones...
But I know I've heard of her, so she's prominent enough. I'd say terrible lies on the internet would be a thing to sue over if she can.

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37

posted by guest

Aug 19, 2009 7:45PM

BRITT THIS IS THE PROBLEM . ITS 6 FROM SEPTEMBER ISSUE HERE, YOU ALWAYS MAKE IT SO PERSONAL AND ABOUT YOU, AND YOU MAKE IT SOUND SO OBNOXIOUS!!!! I-don't-like-it! if only the coverage on the blog wasn't so good! (and a round of applause to you on that, you really do a fanastic job!) I remember a post talking about the Olsens saying "Before I used to work in the same industry as them.." Babe, unnecessary opinion phrase!?

^^What?? Who the hell are you? 6 from September Issue? You don't even know how to articulate yourself, so keep YOUR 'unnecessary opinion phrase!?" to yourself.

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38

posted by guest

Aug 20, 2009 12:14AM

There's a difference between posting "mean" or "snarky" comments and DEFAMATION! And yes, there ARE laws that protect people from defamation online.

If you post something claiming that its a fact, and these 'facts' ruins someone's reputation then you can be liable for what you say. Of course if what the defendant said was actually true, and can prove it then they can use that as their defence.

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39

posted by guest

Aug 20, 2009 8:46PM

The end of anonymity would be a very bad thing. In the US and the EU, we have nominal guarantees of mostly-free speech. Much of the world's population lives under governments that do not respect this right. If we take away the ability to anonymously post because someone uses it to claim that Fashionista commenters fellate goats in their spare time or that the unnaturally smooth skin of models on magazine covers comes from regular bathing in the blood of newborn infants, we're also taking away the ability to anonymously post about government-aligned paramilitary groups killing protestors.

Sensible people know that just because someone SAYS something does not make it automatically true - even if you think you know who they are. This goes double for anonymous posts.

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posted by guest

Aug 24, 2009 12:22PM

@38 - I'm a bit curious as to how they'll prove calling someone a 'skank' is defamation. Will there be evidence provided? Will we soon be treated to a lengthy courtcase presenting this model's past lovers, flings, sexual preferences etc? When does one become a skank anyway? Is it purely the number of people one sleeps with? Or the quality of the people one sleeps with? Perhaps 5 one night stands is the equivalent of 10 long-term partners. Oh, US legal system - please enlighten us.

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posted by bastylefilegirl

Aug 24, 2009 1:15PM

LOL at people posting in this story as a guest...really j/k? But seriously I think that people should be able to post comments as guest and shouldn't feel forced to sign up to a blog to make a comment here and there. However I have a problem with people who I like to call cowards who post negative items or nasty remarks but remain unnamed. If you are big and bad enough to say something at least put a "name" to it. Bloggers (myself included) shouldn't be doing nameless post at all especially seeing that it could be potentially damaging to people, it's rude and not good journalism!

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