Internet defamation (and intellectual property infringement) cases are on the rise. And cases involving anonymous defendants are becoming more common. They of course present tricky First Amendment issues. Indeed, most such cases result in the anonymous defendants remaining masked and escaping liability. But in four example health care cases – a scare tactic, accidental disclosure, hacking, and impersonation set of cases – the plaintiffs successfully took on the First Amendment challenge. Knowing how these plaintiffs prevailed may help with your own response plan to a surprise cyber-attack by persons you don’t know.
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