Originally Posted by
N6724G
How would they prove who actually typed the offensive message. I mean just because it was written under my screenname desnt mean I typed it. Somebody could be using my screenname . Seems to me it would be hard toprove.
It would not hold up in a criminal case, that is not beyond a reasonable doubt.
But the standard is lower in a civil case...preponderance of evidence.
Basically I'm sure the assumption would be that you maintained control of your account and are responsible for it. You could use that defense successfully I think only if you could show that it would have been hard for you to actually make the post...ie you were working a flight at the time the post was made or the IP address was in outer mongolia. You might also get off the hook if the post was completely out of character based on your posting history.
But it will still cost $20-30K in lawyer fees if it goes to trial...the way the system works, whoever you insulted can punish you by simply insisting on a jury trial ($$$). They don't have to win, just have a case that is barely good enough to not be considered frivolous (otherwise they might have to pay your legal fees).