What is taking place now is the consideration of this case as well as the possible ramifications. While I would like to feel that this is exclusively based on the situation at hand, the legal system does not operate in a vacuum. One has to consider the worst case scenario that might transpire under any ruling.
The easy decision would be that of tossing out the case because my lawyer has no standing in the court. (John Does are in somewhat of a quandary, as well as the representation of such in Texas.) A harder decision is whether the judge's disclosure order can stand review.
Should it stand, it makes a mockery of the Cable Communications Act, and any semblance of
privacy. Virtually anything that you regard as private can be disclosed on the basis of a civil suit, with out any proof. That's what the Essent lawyer argued.
But, should a far more over-the-top anonymous blog be allowed free rein without fear of repercussion? Legislation should be enacted to plug the hole.
It comes down to the immediate rights of the individual, and the possible distress placed in a worst case senario.
There is national attention being devoted to this case.
Right Click on Case 06-07-00123-CV, and select open in new tab or window depending on your version of Internet Explorer. Users of Macs, Linux, and Firefox are on your own.
The easy decision would be that of tossing out the case because my lawyer has no standing in the court. (John Does are in somewhat of a quandary, as well as the representation of such in Texas.) A harder decision is whether the judge's disclosure order can stand review.
Should it stand, it makes a mockery of the Cable Communications Act, and any semblance of
privacy. Virtually anything that you regard as private can be disclosed on the basis of a civil suit, with out any proof. That's what the Essent lawyer argued.But, should a far more over-the-top anonymous blog be allowed free rein without fear of repercussion? Legislation should be enacted to plug the hole.
It comes down to the immediate rights of the individual, and the possible distress placed in a worst case senario.
There is national attention being devoted to this case.
Right Click on Case 06-07-00123-CV, and select open in new tab or window depending on your version of Internet Explorer. Users of Macs, Linux, and Firefox are on your own.
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