ARS TECHNICA: The Communications Decency Act basically protects registrars and web hosts from liability for the content that people put up using such services, so the letters to the registrar aren’t so much a legal threat as an attempt to get the website owner’s contact info without a subpoena. And the trademark claims made at WIPO? Levy thinks they sound “preposterous.” But the possibility of a US defamation/libel suit against the anonymous site operator is a real one. Certainly, domain names alone “can be defamatory,” Levy says, pointing out that the first iteration of the site posed the “rape and murder” claim as a statement—not as a question. Levy says that such a statement is only actionable if 1) it’s false (and we’re quite sure it is) and 2) it was stated with actual malice. That last bit could be tricky to prove, especially in a case involving an anonymous speaker, but Levy makes clear that the site might well be on the wrong side of a very fine line. MORE
TIME: After 9/11, I remember hardcore liberal New Yorkers rallying behind Rudy Giuliani, saying nice things about President Bush when he spoke at the WTC ruins. I remember thousands of American flags being flown out of apartment and brownstone windows, not as political statements or in the you-better-prove-your-patriotism spirit of flag pins and Freedom Fries, but simply because we felt we Americans were all in this together. So since March, what has Glenn Beck been doing to re-establish that sense of nonpartisan national brotherhood? Calling President Obama a racist, declaring that the government was bringing fascism upon us, asking his fans to dig up dirt on political figures he doesn’t like, and predicting civil-war-like uprisings. Because that’s how you bring people together. MORE