Ethics in Case Laws: Blumenthal vs Drudge and America Online

Brief Description:

This case involves a man named Sidney Blumenthal. His job is to give out hard, in-depth gossip about journalists in the media industry or embarras then President Clinton about his (Clinton's) social issues. Matt Drudge runs a tabloid called Drudge Report in which also gave political gossip about Clinton's affairs. He had also explicitly published his works via services provided by America Online, Inc. The incident began when Drudge published a story about Blumenthal, stating alleged domestic abuse of Blumenthal on his wife. Blumenthal and his wife both filed a complaint against Drudge and AOL. The claim against AOL (that the company did not act by censoring or dismembering the content) had been avoided due to the company's protection under Section 230 of the Telecommunications Act of 1996, which protected AOL from connections with external content providers such as Drudge Report. Although the case against AOL had been dismissed, the case against Drudge continued.

Drudge argued that he himself lacked "personal jurisdiction" in Washington, D.C. where Blumenthal resided since Drudge himself resided in California. However, the Court held that "personal jurisdiction" could be achieved through interactivity of the website as long as it is accessible in both D.C. (for residents) and in California (for non-residents of D.C.) Furthermore, The Court held that Drudge's contacts with D.C. residents who provide gossip for Drudge Report (regardless of anonymity) would constitute as personal jurisdiction.


Issues to Discuss:

1. Defamation: The plaintiff provided clear indication of libel of the accused.
2. Anonymity: The ability to “hide behind the computer” causes problems for journalists and other users alike due to potential of misrepresentations and misidentification.� In this case, Drudge's contacts were anonymous.
3. Jurisdiction & Technology Issues: It is an international/interstate network without a central authority. Interactivity of the website and its subscribers between California and D.C. allowed for reconsideration of personal jurisdiction.
4. Other Issues: Some laws con protect indirectly associated parties, such as AOL.

Resources:
"Blumenthal v Drudge." Wikia. 20 Jul. 2011. <http://itlaw.wikia.com/wiki/Blumenthal_v._Drudge>.

"Blumenthal v. Drudge and AOL." Tech Law Journal. 18 Dec. 1999.<http://www.techlawjournal.com/courts/drudge/Default.htm>.