A few months ago, my ISP sent me a letter notifying me that they received a subpoena to divulge the name of the owner of my IP address regarding a lawsuit for defamation of character due to numerous negative online reviews against a doctor (the doctor is called "Dr. John Doe, so I don’t know his identity). I don’t recall writing an online review for a doctor, but apparently someone who was logged into my network did. I live in a house with a family of 5 and lots of people come to visit and log on to our wifi.
I was listed as “John Doe #1” on the complaint and there is also a John Doe #2-4. Now this doctor has my name & I suppose I will be served. Questions:
Am I responsible for online activity for people who I allow to use my network?
Is there a way to identify which specific computer was used to write the review?
Do I need a lawyer for this?
Does my defense of “I didn’t write it” hold water & is there a way to prove I did not write it?
In the event that I did write it (I tend to write a lot of reviews, but don’t recall writing one on a doctor last year, but maybe I did)
The lawsuit seeks damages of $150,000 plus punitive damages. I’m pretty rattled because I don’t have that kind of money and have never been sued before. What is the likely outcome of this?
It’s undoubtedly a complicated situation, which means the answer to #3 is “yes.”
It was explained to me that libel/slander is a false statement of fact. An opinion is not a statement of fact, so the case doesn’t seem very strong. But only a lawyer can give you good advice here.
IANAL (and you need one), but it seems to me that your allowance for someone to use your network, if consensual, is identical to ISPs allowing customers to use their network, and ISPs are considered common carriers, and not responsible for the content.
Just like the phone company not being responsible for what you say on the phone lines.
If Trump’s wish for net neutrality to go away happens, that legal status may change.
They seem to be designed to intimidate, and if I were in your shoes, I’d try to get a lawyer to nip this in the bud.
White often puts out the “Popehat Signal,” a call for (sometimes pro bono) local representation for someone being sued frivolously. You might be able to find a lawyer who’ll do this cheap or free?
This doctor is asking for a Streisand Effect backlash; local media might be interested in the story.