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Sorry, I completely disagree with this post, 100% First off, I want to say this right away- Its total bullshit that some user targeted you like this and you de
by DanBlake 15y ago
Sorry, I completely disagree with this post, 100%
First off, I want to say this right away- Its total bullshit that some user targeted you like this and you definitely have a right to get a subpoena for OKC to give you the users IP and to delete the account
However I dont agree with your hate towards OKC- You cant give them shit for:
Not giving you the Account information/IP just because you asked:
Giving that info to you without a legal order just makes them liable personally. You want the IP? You need to send legal notice. What would happen if it was some abused woman who OKCupid gave their account info out to her abuser? Yeah- Get a legal order if you want that info. Not OKC's fault, They are following (wise) legal advice.
Not requiring email validation-
So what? They could have done the same thing posting your details to pastebin.com or just not used your email in the first place. Actually, seeing as how the account is registered to you, why dont you just login and delete it? Not requiring email validation means nothing. In fact, Email validation is basically worthless nowadays (Similar to captchas) and just annoys users.
Finally- Saying what you said in that post is rather stupid. Threatening to "get ugly" and that you have a "actionable case" - If this was against a company I was involved in, our lawyers would basically cut us off from any communication at all. Now that you have said that, your only action is to actually get a subpoena vs if you took a nicer tone, they might have deleted the account for you.
Additionally- I doubt OKC is in any risk themselves for this so threatening to sue them is silly. the CDA basically absolves them from any liability for user content so the best result you can get from "suing" them is that you would lose. Worst case is you pay their legal costs also.
You want the IP? Get a subpoena. Thats how its done.
Once you do get the subpoena, rake the bastard over the coals for libel :)
- xpaulbettsx 15y agoThe irony is, the fact that OKCupid doesn't require verification makes it easier for the OP, since otherwise they would've just used a dummy EMail that he wouldn't have access to.
- prawn 15y ago"Giving that info to you without a legal order just makes them liable personally. You want the IP? You need to send legal notice." Surely they can reply immediately and suggest he get a Pre-Action Discovery Order or whatever it might be called in his/their area. Would take a few seconds to do.
- prawn 15y agoSorry to reply to my own post but have got another minute to add more to this conversation: I run a forum that receives all sorts of legal threats over questionable/defamatory posts. I'd rather not have those dodgy posts on my site and would be quite happy for someone to pursue the authors. When receiving a complaint, I make the effort to reply quickly in each case outlining the legal options. Surely OKCupid are in a similar position - they don't want this sort of junk on their site; if they can provide a quick piece of info and then stand out of the way while the OP pursues the perpetrator, all's well IMO.
- wisty 15y agoMore than libel. This looks a lot like wire fraud (or at least, an attempt) - using the internet to try and trick someone into getting raped. If the bastards who did this get off without potential jail time, and people who steal access scientific papers have to fight for their freedom, I'll lose all faith in the US justice system.
- instakill 15y agoJust for the record, I'm not the guy in that article; just found it ;)
- tripzilch 15y agoah, I was wondering about that. tip: it helps to rewrite the headline in the third person instead of the first, clears it right up.
- sasha-dv 15y agoI agree that his request for the IP address of the person who made him "gayassfuck guy who wants to be raped" is a bit silly, but on the other hand his tone is appropriate. Just imagine finding yourself in his position, would you approach it lightly? I know I would went hulk mode. You don't want to see me when I'm angry. (green and oversized, too :)
- rsynnott 15y agoIt's very unwise to make legal threats unless you fully intend to follow through.
- pbreit 15y agoI agree with pretty much everything you write except that it's inexcusable that OKC has not been in touch at all with the victim (the main point of the rant, hence the headline).
- latch 15y agoWow you and I are smoking two separate things. If someone posts my address on the internet with a message that I want people to come and rape me, I expect the provider of the service to not only (a) respond promptly but also (b) err on the side of caution. You can look at the history of fake facebook profiles around the legality of all this (tldr, you can sue the poster and win or lose, largely depending on where you sue). Facebook though has a clear policy in place to handle this. Also, I'm not aware of any cases involving a fake profile which was as vile as this..once you simply ignore victims though, and keep the profiles up, you become ethically 100% in the wrong (legally, who knows). The other potentially interesting thing to compare this to is Craigslist adult-section. If states can sue craigslist over facilitating prostitution, what do you think they are gonna do over rape?