Someone libeled me on a webpage, implied I took kickbacks from contractors
I am the president of the board of directors at a large condo complex.
Someone posted a website on the internet under the name of our complex and wrote things about me such as "Perry Sloan only hires contractors who pay kickbacks". They also said "We wonder why they still let him run things".
When I went to the place where you look up who owns a website, ICANN, it had false information.
The website address on the internet was emailed to about 20 people here.
First, can I get a subpoena to find out who the real owner of the site it, to subpoena the hosting service and the registrar?
The billing info for the site is false, along with everything else but maybe I can get the real name with a subpoena of the registrar.
How can I find out who this person really is and what can I do about it?
The site is taken down now after a few days after the email was sent out about it.
Is this something I can sue for?
Re: Someone libeled me on a webpage, implied I took kickbacks from contractors
If you can figure out the registrar, which should be apparent from the whois information, you can subpoena information about the registrant and payment information for the registrant (most registrations are by credit card, so there would likely be a name attached to the billing records). If they're not using a free webhost, the same applies there. You may be able to get IP information relating to the person who posted content to the site from the webhost, which can be tracked backwards to the poster's internet service and possibly to an individual user of the service.
Sometimes, though, the fastest and easiest thing to do is find out if the content of the site violates the webhost's terms of service and, if so, to request that it be taken down.
Re: Someone libeled me on a webpage, implied I took kickbacks from contractors
Does this sound like something I should persue based on what I told you?
It does not affect me financially but even if I don't sue can I still get the subpeona?
Re: Someone libeled me on a webpage, implied I took kickbacks from contractors
(Here's an article reciting my general views of defamation litigation.) What financial damages have you suffered as a result of these statements?
Re: Someone libeled me on a webpage, implied I took kickbacks from contractors
No financial damages as I am retired and do not get paid for my position as chairman of the board.
I read your excellent article and am wondering if the statements I mentioned could be considered opinion. I live in Florida.
Re: Someone libeled me on a webpage, implied I took kickbacks from contractors
"Person X takes kickbacks" or "Person X only hires people who give him kickbacks" goes beyond mere opinion.
Re: Someone libeled me on a webpage, implied I took kickbacks from contractors
Quote:
Is this something I can sue for?
Maybe. The context, in which the alleged defamatory statement was made, can make a big difference as to whether it qualifies as opinion or not. The first thing you would have to do, is find out if the site contained what the law defines as false statements of “fact.
I assume you have copies of the web pages?
In order to get a subpoena, you have to file suit. The suit would be filed against John Doe and to be on the safe side, I would file against John Does 1-20.
After filing suit, you have to request leave of the Court, to begin discovery before the defendant/s are served.
After the Court grants you leave to begin discovery, you will have subpoena power.
If the site was on a free webhost and is no longer active, the information needed to track the site owner may only be available for a limited time.
Do you know who sent the emails?