Net News

Houston Blogger Jailed in Anna Nicole Suit

A Houston blogger who's being sued by the mother of Anna Nicole Smith spent the Memorial Day holiday weekend in jail, making her the latest online gossip hound to pay a steep price for their hobby.

Lyndal Harrington, a 53-year-old real estate agent, was jailed for contempt of court last month by state District Judge Tony Lindsay. The judge said Harrington lied to her about what happened to a computer she says was stolen in a burglary less than a week after the judge ordered the machine be produced to be combed for evidence in a defamation and conspiracy case against Harrington and others.

Lindsay released Harrington from jail with orders to hand over the computer by July. “I can't turn over something I don't have,” Harrington said.

Harrington said she just did what hundreds of others did ' and are still doing ' in writing her thoughts about Anna Nicole Smith's mother.

“I think in voicing your opinion you can make a difference,” she said. But she said others have now written falsehoods about her on the Internet.

Attorney Neil McCabe represents Arthur and asked that Harrington be jailed. He said the lawsuit isn't about blogging, it's about a conspiracy to defame his client around the time of custody hearings for Anna Nicole Smith's infant daughter Dannielynn, who could inherit an $88 million fortune.

“This was pretty vicious stuff,” said McCabe. “You can't flaunt a court order by destroying evidence. I don't like putting someone in jail. But she put herself in jail.”

In the defamation and conspiracy lawsuit, Arthur also accused another blogger, lawyer Howard K. Stern, Stern's sister, the baby's father Larry Birkhead, TMZ Productions Inc., TMZ's Harvey Levin and others.

Harrington moderated discussions about Arthur on a Web site called “Rose Speaks,” but says she didn't conspire with anyone.

The falsehoods spread, according to the lawsuit, included allegations that Arthur allowed her daughter to be abused as a child and that Arthur married her stepbrother.

Harrington's case is highly unusual in that a judge used the civil laws to place someone, especially a non-lawyer, in jail.

But Harrington's case is not unusual in that a blogger is one of the people Virgie Arthur, Anna Nicole Smith's mother, sued for defamation.

Internet law watchers say bloggers are increasingly being sued for defamation, copyright infringement and privacy invasion. One blogging group now even offers insurance against these lawsuits.

Robert Cox, president of the Media Blogger Association, a 2,000-member group based in New York, said lawsuits such as this are more common. His group offers members legal insurance starting at about $540 a year for $100,000 coverage per incident.

“Bloggers have a tendency to believe myths ' like that they are judgement proof,” Cox said.

But he said lawsuits against bloggers have more than doubled every year for the past five years, with most lawsuits over defamation but others over copyright infringement and privacy invasion.

He said bloggers often mistakenly think they are covered against lawsuits if they say “allegedly” or just make an allegation into a question.

Dave Heller, of the New York City-based Media Law Resource Center, said many times bloggers are surprised to be sued.

“They are surprised they can be held responsible for the loose, hyperbolic language often used in private speech that they post on a public platform,” he said. His group's Web site features a growing list of lawsuits against bloggers.

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Judge Delays Craigslist Case

A federal judge last month temporarily blocked South Carolina's attorney general and 16 solicitors from seeking to prosecute executives of Craigslist on prostitution or obscenity charges.

The consent order by U.S. District Judge C. Weston Houck of Charleston was an agreement reached earlier between Attorney General Henry McMaster's office and lawyers for the popular Internet classified ad site.

McMaster spokesman Trey Walker said the ruling doesn't mean McMaster is backing away from prosecuting company officials if they knowingly allow ads that solicit for prostitution or contain obscene pictures in South Carolina.

Those threats prompted Craigslist to file a federal lawsuit in Charleston against McMaster and the solicitors. As part of the suit, the San Francisco-based company asked for an immediate temporary restraining order and preliminary injunction to stop any prosecution.

“This is a very typical legal proceeding that gives both parties time to prepare for the hearing,” Walker said about Houck's order. “The (attorney general's) office felt comfortable entering into this agreement because Craigslist has changed the site.

“It appears at this time they have taken corrective measures. If that changes, charges may be warranted. That's why the investigation remains open.”

Charleston lawyer Joseph Griffith, one of the attorneys for Craigslist, said he was “very pleased” with the order, adding: “I have to give the defendants credit for coming to that agreement.”

University of South Carolina law professor Ann Bartow, who specializes in Internet law, was more direct in her assessment of the order.

“It shows the weakness of McMaster's position,” she said. “What he probably would have gotten would have been worse had he not agreed to this.”

Bartow earlier said prior court rulings favor Craigslist's position that it cannot be held liable for content posted by users of its Web site.

Houck's order said that until the court rules on the merits of the lawsuit's claims, McMaster and the solicitors “shall refrain from initiating or pursuing any prosecution” against the company or its officers and employees.

Griffith said he couldn't predict whether the case would be settled without a trial, or how long it will take.

McMaster has said the “erotic services” section of Craigslist ' which the company shut down nationwide last month and replaced with an “adult services” section ' often has been a front for prostitution.

McMaster contended that Craigslist CEO Jim Buckmaster violated a November written agreement with him and 39 other state attorneys general to clean up the site. On May 5, McMaster gave the company a May 15 deadline to remove any illegal ads from the South Carolina portion of the site or face possible state prostitution or obscenity charges.

On May 13, Craigslist agreed with a group of other state attorneys general to shut down the erotic services section and manually check ads on the new adult services section.

McMaster on May 15 claimed the company didn't do enough to get rid of illegal ads from the state's portion of the site. But after Craigslist filed its lawsuit, McMaster said the company was “now taking responsibility for the content of their advertisements.”

Houston Blogger Jailed in Anna Nicole Suit

A Houston blogger who's being sued by the mother of Anna Nicole Smith spent the Memorial Day holiday weekend in jail, making her the latest online gossip hound to pay a steep price for their hobby.

Lyndal Harrington, a 53-year-old real estate agent, was jailed for contempt of court last month by state District Judge Tony Lindsay. The judge said Harrington lied to her about what happened to a computer she says was stolen in a burglary less than a week after the judge ordered the machine be produced to be combed for evidence in a defamation and conspiracy case against Harrington and others.

Lindsay released Harrington from jail with orders to hand over the computer by July. “I can't turn over something I don't have,” Harrington said.

Harrington said she just did what hundreds of others did ' and are still doing ' in writing her thoughts about Anna Nicole Smith's mother.

“I think in voicing your opinion you can make a difference,” she said. But she said others have now written falsehoods about her on the Internet.

Attorney Neil McCabe represents Arthur and asked that Harrington be jailed. He said the lawsuit isn't about blogging, it's about a conspiracy to defame his client around the time of custody hearings for Anna Nicole Smith's infant daughter Dannielynn, who could inherit an $88 million fortune.

“This was pretty vicious stuff,” said McCabe. “You can't flaunt a court order by destroying evidence. I don't like putting someone in jail. But she put herself in jail.”

In the defamation and conspiracy lawsuit, Arthur also accused another blogger, lawyer Howard K. Stern, Stern's sister, the baby's father Larry Birkhead, TMZ Productions Inc., TMZ's Harvey Levin and others.

Harrington moderated discussions about Arthur on a Web site called “Rose Speaks,” but says she didn't conspire with anyone.

The falsehoods spread, according to the lawsuit, included allegations that Arthur allowed her daughter to be abused as a child and that Arthur married her stepbrother.

Harrington's case is highly unusual in that a judge used the civil laws to place someone, especially a non-lawyer, in jail.

But Harrington's case is not unusual in that a blogger is one of the people Virgie Arthur, Anna Nicole Smith's mother, sued for defamation.

Internet law watchers say bloggers are increasingly being sued for defamation, copyright infringement and privacy invasion. One blogging group now even offers insurance against these lawsuits.

Robert Cox, president of the Media Blogger Association, a 2,000-member group based in New York, said lawsuits such as this are more common. His group offers members legal insurance starting at about $540 a year for $100,000 coverage per incident.

“Bloggers have a tendency to believe myths ' like that they are judgement proof,” Cox said.

But he said lawsuits against bloggers have more than doubled every year for the past five years, with most lawsuits over defamation but others over copyright infringement and privacy invasion.

He said bloggers often mistakenly think they are covered against lawsuits if they say “allegedly” or just make an allegation into a question.

Dave Heller, of the New York City-based Media Law Resource Center, said many times bloggers are surprised to be sued.

“They are surprised they can be held responsible for the loose, hyperbolic language often used in private speech that they post on a public platform,” he said. His group's Web site features a growing list of lawsuits against bloggers.

---

Judge Delays Craigslist Case

A federal judge last month temporarily blocked South Carolina's attorney general and 16 solicitors from seeking to prosecute executives of Craigslist on prostitution or obscenity charges.

The consent order by U.S. District Judge C. Weston Houck of Charleston was an agreement reached earlier between Attorney General Henry McMaster's office and lawyers for the popular Internet classified ad site.

McMaster spokesman Trey Walker said the ruling doesn't mean McMaster is backing away from prosecuting company officials if they knowingly allow ads that solicit for prostitution or contain obscene pictures in South Carolina.

Those threats prompted Craigslist to file a federal lawsuit in Charleston against McMaster and the solicitors. As part of the suit, the San Francisco-based company asked for an immediate temporary restraining order and preliminary injunction to stop any prosecution.

“This is a very typical legal proceeding that gives both parties time to prepare for the hearing,” Walker said about Houck's order. “The (attorney general's) office felt comfortable entering into this agreement because Craigslist has changed the site.

“It appears at this time they have taken corrective measures. If that changes, charges may be warranted. That's why the investigation remains open.”

Charleston lawyer Joseph Griffith, one of the attorneys for Craigslist, said he was “very pleased” with the order, adding: “I have to give the defendants credit for coming to that agreement.”

University of South Carolina law professor Ann Bartow, who specializes in Internet law, was more direct in her assessment of the order.

“It shows the weakness of McMaster's position,” she said. “What he probably would have gotten would have been worse had he not agreed to this.”

Bartow earlier said prior court rulings favor Craigslist's position that it cannot be held liable for content posted by users of its Web site.

Houck's order said that until the court rules on the merits of the lawsuit's claims, McMaster and the solicitors “shall refrain from initiating or pursuing any prosecution” against the company or its officers and employees.

Griffith said he couldn't predict whether the case would be settled without a trial, or how long it will take.

McMaster has said the “erotic services” section of Craigslist ' which the company shut down nationwide last month and replaced with an “adult services” section ' often has been a front for prostitution.

McMaster contended that Craigslist CEO Jim Buckmaster violated a November written agreement with him and 39 other state attorneys general to clean up the site. On May 5, McMaster gave the company a May 15 deadline to remove any illegal ads from the South Carolina portion of the site or face possible state prostitution or obscenity charges.

On May 13, Craigslist agreed with a group of other state attorneys general to shut down the erotic services section and manually check ads on the new adult services section.

McMaster on May 15 claimed the company didn't do enough to get rid of illegal ads from the state's portion of the site. But after Craigslist filed its lawsuit, McMaster said the company was “now taking responsibility for the content of their advertisements.”