AutoAdmit, also known as Xoxohth, is a website for prospective and current law students and lawyers. Its largely unmoderated law school message board is now the only active section, though it previously featured pages for undergraduates, business students, and graduate school, and recently[when?] introduced a crypto currency discussion page. The message board, which bills itself as "the most prestigious law school discussion board in the world", has drawn the attention and criticism of some in the legal community and the media for its lack of moderation of offensive and defamatory content.
AutoAdmit, originally named Xoxohth, was founded in early 2004 by Jarret "rachmiel" Cohen. It was programmed in PHP from scratch by Cohen and a Massachusetts Institute of Technology student under the moniker "Boondocks" in order to emulate the old Allaire Forums software the Princeton Review message boards used. AutoAdmit's first users were dissatisfied with changes made to the Princeton Review message board in March 2004, such as stricter moderation of discussions and the abandonment of the message board's popular tree format in favor of a vBulletin-type format.[1]
The website was the inspiration for a 2007 call for papers by the Yale Law Journal on the topic of anonymous internet speech.[2]
Criticism and controversy
Trolling
On 11 March 2005, Brian Leiter of the University of Texas at Austin accused AutoAdmit on his blog of being "a massive forum for bizarre racist, anti-semitic, and viciously sexist postings, mixed in with posts genuinely related to law school".[3]
AutoAdmit moderators countered that Leiter mischaracterized the website and that the professor of law and philosophy deliberately searched for racist, xenophobic, homophobic, transphobic, sexist, chauvinistic, bigoted, and anti-Semitic threads in an attempt to misconstrue the site's focus on law school discussion. An AutoAdmit webpage dedicated to providing additional context was created by contributors to AutoAdmit.[4]
Anonymous speech and harassment
On 1 March 2007, ABC News profiled two Yale Law School students who alleged that harassing and defamatory comments had been posted about them on AutoAdmit.[5][failed verification] On 7 March 2007, The Washington Post published a front-page article featuring AutoAdmit that reported similar allegations and raised questions regarding freedom of speech and anonymity.[6] On 19 March 2007, an editorial by Elizabeth Wurtzel in The Wall Street Journal criticized the AutoAdmit law message board as a forum of "mean-spirited" gossip.[7]
The publicity created debate as well as a new wave of harassment of the Yale Law School students, including an incident that led Anthony Ciolli, a third-year law student at the University of Pennsylvania and one of AutoAdmit's administrators, to resign.[8] The law firm Edwards Angell Palmer & Dodge revoked an offer of employment to Ciolli; Charles DeWitt, managing partner at the firm's Boston office, explained to Ciolli via private correspondence, "We expect any lawyer affiliated with our firm, when presented with the kind of language exhibited on the message board, to reject it and to disavow any affiliation with it. You, instead, facilitated the expression and publication of such language."[9]
Deans from Yale Law School and the University of Pennsylvania Law School condemned the misogynistic and defamatory postings on AutoAdmit.[10] Others have noted that this behavior is so unethical as to jeopardize one's prospects for bar admission and employment. Brad Wendel, a legal ethics professor at Cornell Law School, wrote, "If I were one of the students who made some of the worst of these comments, I'd be sweating bullets right now."[11][failed verification][12]
Lawsuits
This section needs to be updated. Please help update this article to reflect recent events or newly available information.(January 2015)
On 12 June 2007, the two Yale Law School students filed a lawsuit against Anthony Ciolli and a number of AutoAdmit's anonymous posters, claiming their "character, intelligence, appearance, and sexual lives have been thoroughly trashed by the defendants".[13] Filed in the District Court of Connecticut, the case, Doe v. Ciolli, 307CV00909 CFD, cited violation of privacy, defamation, infliction of undue emotional distress, and copyright infringement against Ciolli and several anonymous posters. The two plaintiffs were represented pro bono by the litigation boutique Keker & Van Nest LLP, David N. Rosen, a Yale Law School professor, and Mark Lemley, a professor at Stanford Law School who specializes in computer and internet law.[14] It was said at the time that while AutoAdmit's reported lack of IP logging might prevent the plaintiffs from learning the defendants' true identities, the case could prove significant within computer and internet law if it came to trial.[15] The plaintiffs subsequently dropped Ciolli's name from the list of defendants,[16] and successfully obtained Doe subpoenas of Internet service providers (ISPs) in hopes of identifying the anonymous defendants.[17]As of August2008[update] the attorneys had discovered the names of some, but not all, of the offending posters.[18]
In March 2008, Anthony Ciolli filed his own suit against Heide Iravani, Brittan Heller, Ross Chanin, Reputation Defender, the law firm of Keker & Van Nest, as well as lawyer David N. Rosen and law professor Mark Lemley in the Eastern District of Pennsylvania.[19]
Blake Neff controversy
In July 2020, Blake Neff, the head writer for Tucker Carlson Tonight, resigned from Fox News after it emerged he had made anonymous posts on AutoAdmit that featured content that were racist, sexist, and homophobic in nature.[20]
Anonymity describes situations where the acting person's identity is unknown. Some writers have argued that namelessness, though technically correct, does not capture what is more centrally at stake in contexts of anonymity. The important idea here is that a person be non-identifiable, unreachable, or untrackable. Anonymity is seen as a technique, or a way of realizing, a certain other values, such as privacy, or liberty. Over the past few years, anonymity tools used on the dark web by criminals and malicious users have drastically altered the ability of law enforcement to use conventional surveillance techniques.
Stanford Law School (SLS) is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, Stanford Law had an acceptance rate of 6.28% in 2021, the second-lowest of any law school in the country. George Triantis currently serves as Dean.
New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation. The decision held that if a plaintiff in a defamation lawsuit is a public official or candidate for public office, then not only must they prove the normal elements of defamation—publication of a false defamatory statement to a third party—they must also prove that the statement was made with "actual malice", meaning the defendant either knew the statement was false or recklessly disregarded whether it might be false. New York Times Co. v. Sullivan is frequently ranked as one of the greatest Supreme Court decisions of the modern era.
ProBoards is a free, remotely hosted message board service that facilitates online discussions by allowing people to create their own online communities.
Free Dominion was a Canadian conservative internet forum. The site used the phrase "Principled Conservativism" to describe its ideology.
Godfrey v Demon Internet Service [2001] QB 201 was a landmark court case in the United Kingdom concerning online defamation and the liability of Internet service providers.
An anonymous post, is an entry on a textboard, anonymous bulletin board system, or other discussion forums like Internet forum, without a screen name or more commonly by using a non-identifiable pseudonym. Some online forums such as Slashdot do not allow such posts, requiring users to be registered either under their real name or utilizing a pseudonym. Others like JuicyCampus, AutoAdmit, 2channel, and other Futaba-based imageboards thrive on anonymity. Users of 4chan, in particular, interact in an anonymous and ephemeral environment that facilitates rapid generation of new trends.
A person who is found to have published a defamatory statement may evoke a defence of innocent dissemination, which absolves them of liability provided that they had no knowledge of the defamatory nature of the statement, and that their failure to detect the defamatory content was not due to negligence. The defence, sometimes also known as "mechanical distributor", is of concern to Internet Service Providers because of their potential liability for defamatory material posted by their subscribers.
Topix was an American Internet media company. Topix LLC, the controlling company, had its headquarters in Palo Alto, California.
4chan is an anonymous English-language imageboard website. Launched by Christopher "moot" Poole in October 2003, the site hosts boards dedicated to a wide variety of topics, from video games and television to literature, cooking, weapons, music, history, anime, fitness, politics, and sports, among others. Registration is not available and users typically post anonymously. As of 2022, 4chan receives more than 22 million unique monthly visitors, of which approximately half are from the United States.
An imageboard is a type of Internet forum that focuses on the posting of images, often alongside text and discussion. The first imageboards were created in Japan as an extension of the textboard concept. These sites later inspired the creation of a number of English-language imageboards.
Claudia Mo Man-ching is a Hong Kong journalist and politician, a member of the pan-democracy camp. She represented the Kowloon West geographical constituency, until November 2020 when she resigned along other pro-democrats to protest against the disqualification of four of her colleagues by the government.
Reputation is a business-to-business online reputation management and customer experience management company headquartered in San Ramon, California. The company claims its software-as-a-service platform helps businesses monitor and respond to online reviews, social media, and surveys; analyze customer sentiment; and collaborate to make operational improvements.
A Doe subpoena is a subpoena that seeks the identity of an unknown defendant to a lawsuit. Most jurisdictions permit a plaintiff who does not yet know a defendant's identity to file suit against John Doe and then use the tools of the discovery process to seek the defendant's true name. A Doe subpoena is often served on an online service provider or ISP for the purpose of identifying the author of an anonymous post.
Brian Leiter is an American philosopher and legal scholar who is Karl N. Llewellyn Professor of Jurisprudence at the University of Chicago Law School and founder and Director of Chicago's Center for Law, Philosophy & Human Values. A review in Notre Dame Philosophical Reviews described Leiter as "one of the most influential legal philosophers of our time", while a review in The Journal of Nietzsche Studies described Leiter's book Nietzsche on Morality (2002) as "arguably the most important book on Nietzsche's philosophy in the past twenty years."
Doe v. 2themart.com Inc., 140 F. Supp. 2d 1088 (2001), was a federal case decided by United States District Court for the Western District of Washington, on the issue of an individual's First Amendment right to speak anonymously on the Internet and a private party's right to disclose the identity of the anonymous Internet user by enforcing a civil subpoena. The court held that 2TheMart.com (TMRT) failed to show that the identities of these anonymous Internet users were directly and materially relevant to the core defense in the litigation, and thus the subpoena should not be issued. Therefore, Doe's motion to quash the subpoena was granted.
Dendrite International, Inc. v. Doe No. 3, 342 N.J. Super. 134, 775 A.2d 756, is a New Jersey Superior Court case in which Dendrite International, Inc., a purveyor of computer software used in the pharmaceutical industry, brought a John Doe lawsuit against individuals who had anonymously posted criticisms of the company on a Yahoo message board. When Presiding Chancery Judge Kenneth MacKenzie rejected one of Dendrite's requests to compel Yahoo to reveal the identity of an anonymous defendant, Dendrite appealed. The appellate court upheld the district court's decision, and in doing so, created a set of guidelines for determining the circumstances under which an anonymous online speaker may be unmasked. This standard has since been applied to other cases, such as Mobilisa, Inc. v. Doe, Gallucci v. New Jersey On-Line LLC, Independent Newspapers v. Brodie, and The Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc.
Doe v. Cahill, 884 A.2d 451, is a significant case in the realm of anonymous internet speech and the First Amendment. While similar issues had been tackled involving criticism of a publicly traded company, the case marks the first time the Delaware Supreme Court addressed the issue of anonymous internet speech and defamation "in the context of a case involving political criticism of a public figure."
Krinsky v. Doe 6, was a decision by the California Court of Appeal, Sixth District, addressing the evidentiary standard required of plaintiffs seeking the identification of anonymous Internet posters. The case addressed defamation and the right to anonymous speech on the Internet. Plaintiff Lisa Krinsky sued Doe 6, an anonymous poster to Yahoo! message boards, for defamation. Krinsky served a subpoena to Yahoo! for Doe 6's identity. Doe 6 filed a motion to quash the subpoena, "contending that he had a First Amendment right to speak anonymously on the Internet."
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