The U.S. Supreme Court has ruled that Internet service providers (ISPs) fall under under the same regulations that protect telephone and telegraph companies when it comes to defaming and false messages sent through their systems, the Associated Press reports.
The high court upheld a string of other rulings based on a lawsuit filed by Bronxville, N.Y. high school student Alexander Lunney against Prodigy Services Co.
The case began six years ago, when someone used Lunney's name to open e-mail accounts with Prodigy. That person then sent "threatening, profane" messages to people and also posted vulgar bulletin board messages, AP reports.
Prodigy sent a letter to the real Lunney -- who was 15 at the time -- notifying him they were canceling his accounts. It was then quickly established Lunney never opened any accounts with the ISP.
Lunney sued Prodigy, claiming defamation of character.
Three New York state courts threw out the lawsuit, ruling Internet service provider had no liability regarding the objectionable e-mails, since "Prodigy was not a publisher of the e-mail transmitted through its system by a third party. We are unwilling to deny Prodigy the common-law qualified privilege accorded to telephone and telegraph companies," the N.Y. Court of Appeals stated in its unanimous decision.
The state court also ruled that the general public "would not be well served by compelling an (Internet service provider) to examine and screen millions of e-mail communications, on pain of liability for defamation." The ISP also could not be considered as a publisher of the bulletin board messages.
Full text of the article is currently found at:
http://www.mercurycenter.com/breaking/docs/005235.htm