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Title:	Swartz v. Does: American and Canadian Approaches to Anonymity in Internet Defamation Cases - Matthew Nied, Defamation Law Blog
Date:	12/01/09
Business Activities:	Discovery, Use of Social Networks - formerly Online Communities and Collaboration
Impact to Subscriber:	In determining whether plaintiffs may compel disclosure of anonymous defendants' in internet defamation cases, the American jurisprudence is coalescing into a uniform approach, while the Canadian courts are not. For American courts, one of the key requirements is that plaintiffs make a substantial legal and factual showing that their defamation claim has merit, which can be done through submitting copies of the defamatory blog posts and testifying that the blogs were publicly available, are false, and resulted in causing the plaintiffs actual damages. Canadian online service providers may be compelled to reveal identities of bloggers if the plaintiffs obtain a Norwich Order or bring a motion under rules of civil procedure; differences in the different rules of civil procedure may affect what plaintiffs must demonstrate, such as whether the plaintiff is required to establish a prima facie case of defamation.

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Swartz v. Does: American and Canadian Approaches to Anonymity in Internet Defamation Cases - Matthew Nied, Defamation Law Blog

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