Gallucci v. New Jersey On-Line LLC
Encyclopedia
Gallucci v. New Jersey On-Line LLC http://www.citizen.org/documents/galluccicomplaint.pdf was a lawsuit filed on February 5, 2007 in the Superior Court of New Jersey by Michael Gallucci, a former township councilman in Teaneck, New Jersey
, against New Jersey On-Line, LLC (NJ.com), which maintains a number of Internet forums. The case promised to have an impact on how the law views anonymous Internet postings and the liability and obligations of companies who facilitate those postings. However, on November 15, 2007 the northern New Jersey newspaper The Record
reported that Gallucci had withdrawn the lawsuit. Lawyers for Gallucci and for NJ.com offered no explanation for the withdrawal, although the lawyer representing Gallucci said the case had been resolved.
Gallucci sued New Jersey On-Line for revealing identifying information about him in response to a court subpoena filed by William Brennan following a heated exchange on an NJ.com message board. Gallucci’s complaint alleged that NJ.com unlawfully released this information, violating its confidentiality contract with Gallucci as well as procedures established in Dendrite International, Inc. v. Doe No. 3
http://www.citizen.org/documents/dendrite.pdf,
a 2000 New Jersey case that set forth standards for the enforcement of subpoenas against anonymous writers http://www.citizen.org/documents/galluccicomplaint.pdf.
A less ambiguous outcome to this case could have clarified the limit or expanded the application of Dendrite’s standards
to internet service providers (ISPs) http://www.mediainfo.com/eandp/columns/shoptalk_display.jsp?vnu_content_id=1003566695 (see "Dendrite Effect" in this article below). At this time it is unclear what effect it will have on ISPs when confronted with similar situations. However, a recent court action involving anonymous postings on another NJ.com Internet forum suggests that New Jersey On-Line may no longer be providing perfunctory compliance with subpoenas for posters’ identities.
In a December 21, 2007 article of the Herald News
, a sister paper of The Record published in Passaic County, New Jersey
, it was reported that a local school board member’s attorney has asked a Superior Court judge to order NJ.com to release the names of posters who allegedly libeled the board member.
Gallucci was a member of the Teaneck township council. During a five-day period in December 2005, he anonymously engaged Brennan in a heated online exchange, posting under the moniker “AntiBrennan” and calling Brennan a "litigation terrorist," a "pathetic psychopath" and a "paranoid-delusional-over-paid-under-worked-sicko." Many of his postings were also highly critical of the Teaneck Fire Department.
Brennan subpoenaed NJ.com for the identity of “AntiBrennan” and others who had anonymously posted derogatory comments on the message board. The subpoena was issued in connection with a lawsuit Brennan had pending, Brennan v. Teaneck. According to Brennan’s lawyer in that case, Jonathan I. Nirenberg, he and his client were hoping the subpoena would uncover people connected to the suit http://www.law.com/jsp/article.jsp?id=1172224986821&pos=ataglance. As a Teaneck councilman, Gallucci was a named defendant, although none of his postings specifically mentioned Brennan v. Teaneck.
In an interview with Mary Pat Gallagher of the New Jersey Law Journal http://www.law.com, Nirenberg said NJ.com responded quickly to the subpoena by turning over the posters' email addresses. He and Brennan “struck gold” with Gallucci’s email address, he said, because it contained his real name. Efforts were made to get the names of other posters with non-identifying email addresses, but Nirenberg said they “met more resistance” from the email providers.
Upon learning his identity, Brennan “outed” the councilman on the message board, which caused a local uproar. He sued New Jersey On-Line for breach of contract, violating the site’s privacy policy when it provided his information to Brennan, and also for failure to follow procedures set forth in Dendrite. http://www.citizen.org/documents/galluccicomplaint.pdf
Gallucci was represented in his suit by Public Citizen
http://www.citizen.org, a non-profit public interest group founded by Ralph Nader
. Internet free speech is a major focus of the Public Citizen Litigation Group
and, in the Dendrite case, it had jointly filed an amicus curiae
brief http://www.cfp2002.org/proceedings/proceedings/doe_amicus.pdf with the New Jersey chapter of the American Civil Liberties Union
.
http://www.citizen.org/documents/dendrite.pdf, the decision stated that certain standards should be met before online facilitators could be compelled to reveal the identifying information of anonymous Internet posters. Those standards include notifying the person whose information is being subpoenaed, posting a message on the message board to notify the poster of the release of information, and giving the poster a chance to challenge the subpoena to protect his identity. http://www.mediainfo.com/eandp/news/article_display.jsp?vnu_content_id=1003545352 The question this case could have decided is summarized in a November 17, 2007 "Daily Briefing" of The New Jersey Lawyer http://www.njlnews.com/:
"New Jersey law already had established a plaintiff can't force an ISP to break a pledge of anonymity without taking certain legal steps, going beyond a simple subpoena; Gallucci was poised to test whether the ISP could be compelled to follow the same rules even if it was willing to cooperate. That's no longer in the cards now that Public Citizen has announced without explanation the suit has been withdrawn."
Teaneck, New Jersey
Teaneck is a township in Bergen County, New Jersey, and a suburb in the New York metropolitan area. As of the 2010 United States Census, the township population was 39,776, making it the second-most populous among the 70 municipalities in Bergen County....
, against New Jersey On-Line, LLC (NJ.com), which maintains a number of Internet forums. The case promised to have an impact on how the law views anonymous Internet postings and the liability and obligations of companies who facilitate those postings. However, on November 15, 2007 the northern New Jersey newspaper The Record
The Record (Bergen County)
The Record is a newspaper in northern New Jersey. It has the second largest circulation of New Jersey's daily newspapers, behind The Star-Ledger. Owned by the Borg family since 1930, it is the flagship publication of the North Jersey Media Group. Stephen Borg is the publisher of The Record...
reported that Gallucci had withdrawn the lawsuit. Lawyers for Gallucci and for NJ.com offered no explanation for the withdrawal, although the lawyer representing Gallucci said the case had been resolved.
Gallucci sued New Jersey On-Line for revealing identifying information about him in response to a court subpoena filed by William Brennan following a heated exchange on an NJ.com message board. Gallucci’s complaint alleged that NJ.com unlawfully released this information, violating its confidentiality contract with Gallucci as well as procedures established in Dendrite International, Inc. v. Doe No. 3
Dendrite International, Inc. v. Doe No. 3
Dendrite International, Inc. v. Doe No. 3, A-2774-00T3 , is a New Jersey Superior Court case in which Dendrite International, Inc., a purveyor of computer software used in the pharmaceutical industry, brought a John Doe lawsuit against individuals who had anonymously posted criticisms of the...
http://www.citizen.org/documents/dendrite.pdf,
a 2000 New Jersey case that set forth standards for the enforcement of subpoenas against anonymous writers http://www.citizen.org/documents/galluccicomplaint.pdf.
A less ambiguous outcome to this case could have clarified the limit or expanded the application of Dendrite’s standards
Dendrite International, Inc. v. Doe No. 3
Dendrite International, Inc. v. Doe No. 3, A-2774-00T3 , is a New Jersey Superior Court case in which Dendrite International, Inc., a purveyor of computer software used in the pharmaceutical industry, brought a John Doe lawsuit against individuals who had anonymously posted criticisms of the...
to internet service providers (ISPs) http://www.mediainfo.com/eandp/columns/shoptalk_display.jsp?vnu_content_id=1003566695 (see "Dendrite Effect" in this article below). At this time it is unclear what effect it will have on ISPs when confronted with similar situations. However, a recent court action involving anonymous postings on another NJ.com Internet forum suggests that New Jersey On-Line may no longer be providing perfunctory compliance with subpoenas for posters’ identities.
In a December 21, 2007 article of the Herald News
Herald News
The Herald News is a daily broadsheet newspaper published by North Jersey Media Group, which also publishes its sister paper, the Hackensack, New Jersey-based broadsheet The Record. The paper is published in Woodland Park , New Jersey, and focuses on the Passaic County, New Jersey area...
, a sister paper of The Record published in Passaic County, New Jersey
Passaic County, New Jersey
Passaic County is a county located in the U.S. state of New Jersey. As of the 2010 Census, the population was 501,226. Its county seat is Paterson...
, it was reported that a local school board member’s attorney has asked a Superior Court judge to order NJ.com to release the names of posters who allegedly libeled the board member.
Development of the Case
Brennan, at the time a firefighter employed by Teaneck, had been involved in litigation against the town for the better part of a decade, with some 10 lawsuits http://www.citizen.org/pressroom/release.cfm?ID=2396 for violation of his civil rights well as complaints of improper conduct on the part of public officials. He often posted comments on NJ.com’s Teaneck Forum that were very critical of the town and accusatory toward many of its officials.Gallucci was a member of the Teaneck township council. During a five-day period in December 2005, he anonymously engaged Brennan in a heated online exchange, posting under the moniker “AntiBrennan” and calling Brennan a "litigation terrorist," a "pathetic psychopath" and a "paranoid-delusional-over-paid-under-worked-sicko." Many of his postings were also highly critical of the Teaneck Fire Department.
Brennan subpoenaed NJ.com for the identity of “AntiBrennan” and others who had anonymously posted derogatory comments on the message board. The subpoena was issued in connection with a lawsuit Brennan had pending, Brennan v. Teaneck. According to Brennan’s lawyer in that case, Jonathan I. Nirenberg, he and his client were hoping the subpoena would uncover people connected to the suit http://www.law.com/jsp/article.jsp?id=1172224986821&pos=ataglance. As a Teaneck councilman, Gallucci was a named defendant, although none of his postings specifically mentioned Brennan v. Teaneck.
In an interview with Mary Pat Gallagher of the New Jersey Law Journal http://www.law.com, Nirenberg said NJ.com responded quickly to the subpoena by turning over the posters' email addresses. He and Brennan “struck gold” with Gallucci’s email address, he said, because it contained his real name. Efforts were made to get the names of other posters with non-identifying email addresses, but Nirenberg said they “met more resistance” from the email providers.
Upon learning his identity, Brennan “outed” the councilman on the message board, which caused a local uproar. He sued New Jersey On-Line for breach of contract, violating the site’s privacy policy when it provided his information to Brennan, and also for failure to follow procedures set forth in Dendrite. http://www.citizen.org/documents/galluccicomplaint.pdf
Gallucci was represented in his suit by Public Citizen
Public Citizen
Public Citizen is a non-profit, consumer rights advocacy group based in Washington, D.C., United States, with a branch in Austin, Texas. Public Citizen was founded by Ralph Nader in 1971, headed for 26 years by Joan Claybrook, and is now headed by Robert Weissman.-Lobbying Efforts:Public Citizen...
http://www.citizen.org, a non-profit public interest group founded by Ralph Nader
Ralph Nader
Ralph Nader is an American political activist, as well as an author, lecturer, and attorney. Areas of particular concern to Nader include consumer protection, humanitarianism, environmentalism, and democratic government....
. Internet free speech is a major focus of the Public Citizen Litigation Group
Public Citizen Litigation Group
Public Citizen Litigation Group is a nationally prominent public interest law firm known for its Supreme Court and appellate practice. The group is the litigating arm of the non-profit consumer advocacy organization Public Citizen...
and, in the Dendrite case, it had jointly filed an amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
brief http://www.cfp2002.org/proceedings/proceedings/doe_amicus.pdf with the New Jersey chapter of the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
.
Dendrite Effect
In DendriteDendrite International, Inc. v. Doe No. 3
Dendrite International, Inc. v. Doe No. 3, A-2774-00T3 , is a New Jersey Superior Court case in which Dendrite International, Inc., a purveyor of computer software used in the pharmaceutical industry, brought a John Doe lawsuit against individuals who had anonymously posted criticisms of the...
http://www.citizen.org/documents/dendrite.pdf, the decision stated that certain standards should be met before online facilitators could be compelled to reveal the identifying information of anonymous Internet posters. Those standards include notifying the person whose information is being subpoenaed, posting a message on the message board to notify the poster of the release of information, and giving the poster a chance to challenge the subpoena to protect his identity. http://www.mediainfo.com/eandp/news/article_display.jsp?vnu_content_id=1003545352 The question this case could have decided is summarized in a November 17, 2007 "Daily Briefing" of The New Jersey Lawyer http://www.njlnews.com/:
"New Jersey law already had established a plaintiff can't force an ISP to break a pledge of anonymity without taking certain legal steps, going beyond a simple subpoena; Gallucci was poised to test whether the ISP could be compelled to follow the same rules even if it was willing to cooperate. That's no longer in the cards now that Public Citizen has announced without explanation the suit has been withdrawn."
External links
- Ex-official drops suit against site
- Gallucci v. New Jersey On-Line LLC complaint
- Public Citizen press release
- Dendrite International v. Does
- Public Citizen and NJ ACLU amicus curiae brief re: Dendrite
- N.J. Suit Could Be Test Case for Anonymous Web Posts
- Lawsuit in New Jersey Raises Issues for Many News Sites and Blogs
- 'Anti-Brennan' Case Raises Legal Issues On Blog Postings