First, being the IT Professional ™ that I am, I’m going to offer the city some complimentary advice on securing their website:

• Stop using “lindasucksLOL” as your root password.  It’s really not that secure, though kudos for use on the mixed capitalization.  (IMPORTANT NOTICE FOR THE SARCASM-IMPAIRED AND/OR HARRISBURG MAYOR LINDA THOMPSON (MAYOR, HARRISBURG (MAYOR)):  I don’t really know the root password)
• No matter how much she cries, no matter how much she begs — never, never give Mayor Thompson (Mayor (Harrisburg (Mayor))) the password after midnight.
• For Christ’s sake stop replying to those emails from “legal@yourwebmaster dot com.ru”.  They aren’t really from your webmaster and you don’t really need to send him your password “or face account deleshon (sic)”!

In all seriousness, however, there is one option the city should consider.  And it would only cost taxpayers about three cents a day.

According to PennLive’s article, the webmaster does his work on a volunteer basis.  I’m curious to see what the council pays for hosting and domain registration fees.  Unless the server and bandwidth are donated to the city, we’re paying too much.

There’s no reason the city council couldn’t host its site on WordPress.com.  It would cost $10 per year (and even this is optional), be fully managed 24×7, and could be updated by anyone capable of writing a letter using Microsoft Word.  Updates and backups would be completely automatic and behind-the-scenes, meaning absolutely zero technical knowledge would be required to run the site.  And in the event of a “hack”, odds are outstanding that a backup would be automatically restored before anyone even noticed.

Unless of course you keep using “lindaLOL” as your password.  Then I can’t help you.

LAST-SECOND UPDATE:  Tonight’s Tweetup has been moved to the ground floor of ABC due to the concerts going on upstairs.  We should be somewhere back in the area of the kitchen; if you enter through the side door, bang a left and you should spot the conspicuous-looking blogger & Twitter types in abundance.

On the third Wednesday of every month, a bunch of us get together at ABC on Cameron Street for food, brew, and general socialization-driven mayhem.  We’re a casual bunch, and these events are anything but formal.  Our get-togethers are a chance to come out and put a face behind the follower — or the followed.  We’re open to anyone in the region with a blog or a Twitter account, so if you meet either of those criteria, you have no excuse for not stopping by!

We don’t necessarily have any signs — or if we do, they’re buried under an ever-growing mountain of plates, beer bottles, and assorted liquid-containing apparatus — but we’re pretty easy to spot.  We’re typically the biggest group there, and we’re usually clustered around a few tables put together.  Just look for all the suspicious blogger-looking types; I assure you we will be the only group with a measurable laptop-to-person ratio.  If you can’t find us, just ask the bartender where the bloggers are.

See you there!

The Maryland Court of Appeals reversed a lower court ruling and ordered that NewsZap.com, an online forum run by Independent Newspapers, does not have to disclose the identities of forum participants who engaged in an online exchange about the cleanliness of a Dunkin’ Donuts shop in 2006.

But wait — it’s not quite the news you may have been hoping for, you PennLive troll you.  It seems the appellate court’s ruling was based on a lack of identifying information and/or a too-vague subpoena:

The Appeals Court ruled that Brodie had not correctly identified the forum participants and, therefore, was not entitled to learn of their identities.

More broadly, however, the court used the case to recommend a strict, five-step process for judges to follow “to balance the First Amendment right to anonymous speech on the Internet with the opportunity on the part of the object of that speech to seek judicial redress for alleged defamation.”

The article goes on to print the court’s suggestion for balancing First Amendment rights with a victim’s rights under defamation laws.  What’s impressive is that we’re seeing some good old-fashioned common sense applied here.

First, the plaintiff should go back to the online venue and attempt to notify the poster that they’re the subject of a subpoena.  This helps short-circuit any sneak attack by the plaintiff by at least making a reasonable effort to alert the poster that they may be the subject of legal action.  Suddenly I have visions of every third message on PennLive being one troll threatening another with a subpoena.  ”OMG I R GOIN 2 SUE U FOR LIEBL”

Second, the plaintiff needs to clearly identify which statements are in question.  I interpret this as the difference between “a bunch of trolls at PennLive said bad things about me” and “on 2/28/09 at 8:20am, a poster using the alias ‘floor9′ posted ‘yeah, I really think the Ron Paul nutjobs have gone over the top on this one’”.  This is excellent; this helps prevent a subpoena’s use as a scare tactic.  Or, more appropriately, this helps prevent one from using the threat of a subpoena and subsequent litigation as a means of stifling free speech.

Third, the plaintiff needs to present evidence that they’ve actually been harmed by the poster’s actions.  Remember, this is in the discovery phase; we’re not talking about the actual trial yet.  An example might be “Customer Joe Smith cancelled his $5000 order with my business, which was placed on 2/1/09.  Smith explained that he cancelled this order because of comments posted by floor9 on 2/10/09.”  In other words, the court will need to be shown a good reason why the subpoena should be allowed.

Put simply, the Maryland appellate court seems to be saying that yes, a person has a right to defend him or herself against libelous comments made online.  And yes, that person has a right to use the legal system to determine the true identity of the poster.  But that person also has an obligation to prove to the court that damages have actually occurred as a direct result of one or more posters’ comments.  Finally, the plaintiff has an obligation to demonstrate the link between each individual comment and his claim.

I stand by my previous post in that people need to be responsible for what they say.  This isn’t a carte blanche invitation for anyone to post anything without fear of repercussion.  In fact, it’s quite the opposite.

To apply this in a real-world sense, see my post about Ciocca Honda.  Let’s imagine that someone at the upper echelons of Ciocca’s management decides they don’t like my post, and they want it down.  If Maryland law applied here, Ciocca would have to demonstrate an actual loss over my post (possible, but doubtful).  They’d have to cite that post specifically (easy enough).  And they’d have to notify me, most likely by mailing a certified letter to my domain registrar’s address, that they are going to subpoena my ISP and/or my registrar for my personal information.

But all of that would be moot.  Regardless of what Pennsylvania laws apply, truth is an absolute defense in defamation accusations.  What I presented in my post about Ciocca was (sadly) a factual representation of events combined with my clearly-identified opinions.  My defense would be truth.

So what does all this mean?  It seems that the days of a business or organization holding a blogger or commenter hostage with baseless threats of legal action are winding down.  We do have a First Amendment, and we have the right to use it — wisely.  While I’m happy to see that the courts are holding individuals responsible for libelous posts, I’m even happier to see that they’re throwing a wet blanket over vast, far-reaching, overly-broad, abusive lawsuits.

To put it another way, use your constitutional rights wisely.

PS – I am not a lawyer.  This post is simply my opinion.  Like all content on this site, this post should not be used as a replacement for legal advice.  If you find yourself involved in a defamation case, you should seek assistance from a legal professional.

I just found this interesting post over on Topix Chambersburg:

http://www.topix.net/forum/source/chambersburg-public-opinion/TCB69SLLD4383GT6N

Quoting from the article:

The company that owns and operates the York Daily Record/Sunday News readers’ comment posting Web site will release the identities of people who anonymously posted comments to a story about the stabbing death of Andrew Wright, according to sworn statements Friday in county court.

Prosecutor Timothy Barker informed Judge Thomas H. Kelley on Friday that an attorney for Topix LLC said the Internet Protocol addresses and personal information of the posters “has been preserved” and will be turned over when the company is served with a subpoena by the York County District Attorney’s Office.

This isn’t really news, but it might be a wakeup call to people who post comments — especially the trolls on PennLive.  When you post a comment, photo, video — really, anything — on a website, your IP address is logged.  What this means for the non-technical crowd is that someone with valid legal tools (such as a subpoena) can find out what you posted, even if you use a fake name and throwaway email address.

Let’s say your IP is 68.24.38.1.  And let’s say your ISP is Discount Donny’s Internet-O-Rama.  From your home computer, you visit PennLive and begin posting comments about the subject of a story.  You use the name “TruthForStupidSheeple” and make libelous statements about a particular individual.  Said individual gets mad, hires a lawyer, and subpoenas the folks behind PennLive.  PennLive will turn over the requested information (let’s say the subpoena asked for your IP and the email address you registered with).

Then the lawyer goes to work.  It’s very easy to see which ISP owns an IP.  The lawyer would then subpoena Discount Donny’s Internet-O-Rama to find out which customer was assigned the IP of 68.24.38.1 during the time given.  Discount Donny’s Internet-O-Rama, not willing to risk contempt of court and possible criminal liability for refusing to honor a subponea, will hand over your information faster than … well, pretty fast.

Next thing you know, the lawyer has your name, home address, and what effectively amounts to an affadavit from the ISP stating that you were the person responsible for that IP at that time.  A few weeks later, and you’re in court explaining why your First Amendment rights trump libel charges (and generally, they don’t).

So here’s my guaranteed way to defend yourself against libel (written defamation), slander (spoken defamation), and other related charges:

1. Post the truth.  Truth is an absolute, bullet-proof defense against defamation.
2. Label opinion as such.  Imagine I’m the subject of that story.  You can say “In my opinion, floor9 deserves what he gets”.  You can not say “floor9 is guilty” (unless this is the truth, and you have evidence to back it up).

This particular story wasn’t an issue of libel, mind you.  It’s about potential witnesses to a crime.  Regardless, the moral of the story stands the same:  You are not anonymous.  Your first amendment rights are neither unlimited nor unconditional.  Don’t post anything that you wouldn’t put down in writing with your own signature.

UPDATE:  As of 2/26/09, Chris Tolles, CEO of Topix, says he may or may not comply with the subpoena.  He also seemed to suggest that stories alleging that he had already complied were premature.  Challenging a subpoena is certainly possible, but actually quashing one requires a combination of circumstance, skill, and luck.   From what I can understand — the article is a little tough to swallow — Tolles appears to be saying that compliance with the subpoena is at his sole discretion, because Tolles is not bound by Detective Martz’s statement in court that Martz had spoken to Tolles’ attorney, who told Martz that Tolles would comply.

Either I’ve got that unbelievably wrong — a distinct possibility — or Tolles is getting his legal advice from some “OMG LEGAL SELF-DEFENSE FAQ”.

YouTube Comment Snob

Basically, YCS blocks comments that are too stupid to live.  I’m not talking about comments that you may or may not disagree with; I’m talking about comments that should’ve been aborted long before they ever came to term.  You know the ones I’m talking about:

• More than ## spelling mistakes (using Firefox’s built-in spellcheck)
• ALL CAPS
• no caps.  even when they’re necessary.
• Excessive punctuation !!!!!!!
• Profanity

I can’t tell you how often I get all excited over an email telling me of a new comment on one of my YouTube videos, only to discover it’s something along the lines of “ZOMG LOL U R SOOO TRU DAT LOLZLLLLOO!1!!111!!!!!!”.  With YCS, my life can once again have meaning and joy!

Sweet.

One of the issues raised at past meetups is getting to know everyone, and how we identify each other.  September’s tweetup will feature nametags so people can share their URL, real name (if they choose), and Twitter name.  A little geeky?  Perhaps, but aren’t we all?  It will help break the ice for the less-outgoing among us, and it will help anyone new to the group to locate us.

I’ll also have a signup sheet so that we can track participation.  @SaraBozich conducted a sign-in roster at this past meetup; if you didn’t sign in, Tweet her a “hello” and let her know who you are.  I don’t plan on doing anything more dastardly with your information than publishing your Twitter username and/or your URL; your privacy is otherwise assured.

So thanks again to everyone who made it out, wanted to make it out, or even thought about making it out!  If you weren’t there, do consider dropping by in September.  We’ll likely be inside this time (although if the deck is still open and the weather is “fall crisp” and not “winter OMG FREEZING”, I’m all for going outdoors).  Hope to see you then!

The third Thursday of every month, us bloggers and Twitter users (Twitterers?  Tweeps?  Twits?) get together on the second floor of Appalachian Brewing Company on Cameron Street to get together and share in good company, food, and whatever seasonal beer (or chocolate milk, for the under-21 crowd) ABC happens to be cranking out.  We’re a very friendly bunch, and our group grows in size every month.  The tweetup is open to anyone from Central PA with a Twitter account as well as all of the contributing bloggers featured on blogHarrisburg.  Hope to see you there!

We’re getting together this Thursday, 8/21/08, at our usual digs at The Abbey Bar (upstairs at Applachian Brewing Company in Harrisburg).  We get started around 7pm and wrap up around 9, though ABC is open as late as you care to stay.  As always, these meetups are open to the entire blogHarrisburg crew, as well as anyone from / around Central PA with a Twitter account.  If the weather holds — and it looks like it will — we’ll be outside on the deck for what will probably be the last summer-weather meetup of the year.

You don’t have to otherwise know anybody in the group to drop by.  Fresh faces are always welcome — new people show up every month!  In fact, judging by the progressive growth of the past few months, August should be pretty friggin’ huge.

This month we’ll be doing some unofficial roundtable chatting about advertising and revenue generation for blogs.  I don’t consider myself an expert on the matter, but since my site pulls in about 3x its hosting costs from AdSense, I figure I’m at least qualified enough to handle the basics.  And anyone with experience to share is welcome to contribute.  I’ll try to have a simple takeaway prepared with enough information to get new bloggers up and running with ads.

So mark your calendars, tweet your friends (self-appointed “Tweetup cheerleader” @Kathleen_LD, I’m looking at you here), and drop by for an evening of food, drink, and social merriment!  Feel free to post any questions or feedback in the comments.

When:  7-9pm Thursday 08/21/08
Where:  On the deck of The Abbey Bar (upstairs at Applachian Brewing Company Harrisburg)
Who’s Invited:  Anyone from Central PA with a blog* or Twitter account

First off, thanks to everyone who showed up at July’s meetup!  It was great hanging out with the regulars once again, and getting to meet a whole slew of new faces was inspiring to say the least.  It’s really quite impressive to see this big of a community forming in what is arguably a medium-sized city in a very rural state.  Judging by the steady growth of the past meetups, August’s promises to be even bigger.

This meetup’s business end will focus on advertising; specifically, how you can make money from your site.  This will be an open, roundtable discussion and not a formal presentation.  Anyone with experience in the area is welcome and encouraged to drop by and share.

As everyone knows, we do this on the third Thursday of every month.  The meetup is open to everyone from Central PA — not just Harrisburg — who has a blog, podcast, or any other form of self-published content, as well as anyone from the area with a Twitter account.  Whether you’re pulling 10k unique visitors per day or just contemplating launching your first blog, whether you’ve amassed a six-digit follower count on Twitter or just signed up for your account today, you’re cordially invited to attend.

Our meetups are about 60% social event and 40% business.  Typically, most of the shop talk happens towards the beginning of the event.  Typical business topics include promotion, advertising, site design, hosting, and industry trends.  Don’t expect full-fledged Keynote presentations or lengthy lectures — we’re a very casual group that has very casual meetups.  Group participation and roundtable discussions are the norm! 

Socially, the meetups are a great way to get to know your fellow local bloggers & Twitterers.  A profile picture is one thing, but spending a warm summer evening out on the deck discussing everything from regional politics to the local music scene over some of ABC’s specialty brews (or craft sodas, if that’s more your speed) is loads more fun!

* – Incidentally, by “blog” I mean “pretty much any site with original content that is self-published online”.  So if you’ve got an independent news service, photo community, podcast, or anything else in that ballgame, you’re included.  Come join us.

The blogHarrisburg feed sends out the abridged version of every article.  Sure, this is contrary to modern blogging etiquette, which generally suggests that the full article should be syndicated.  I’ve considered turning on the “full” feed, and I’ve decided to leave it abridged.  Here’s why:

blogHarrisburg is meant to build awareness of, and develop a community around, the Central PA blogging community.  It wasn’t intended to mirror; it was intended to drive traffic to the original author’s site.  I feel that if I published entire posts in the feed, it would be robbing the original authors of traffic to their own feeds (especially important for the publishers who track their feed stats).  I’d rather see readers subscribe directly to the author’s original feed than pick up the bH feed.  This is pretty much the same reason I only publish excerpts — instead of whole posts — on the front page.

I don’t think anyone was complaining, mind you.  I just thought it was a good time to mention my reasoning.  If anyone has any thoughts (contrary or otherwise) I’d love to hear them!