By: Nathan Geronimo
A few months ago I wrote about the dangers of posting information online that contradicted your own contentions when involved in litigation. I cited to cases where posts on social networking sites were used as evidence against plaintiffs in civil cases. A recent case involving blogs and social networking sites illustrates yet another legal issue associated with internet posts in the modern times: Posts affecting a third party’s privacy, and the possibility that such posts can be considered harassment.
Johnson v. Arlotta is a classic “jilted lover” story with a modern twist. Andrew Arlotta and Ann Marie Johnson had a romantic relationship for just under a year. After this relationship terminated, Arlotta continued to contact Johnson, who did not welcome Arlotta’s communications. In late December 2009, Johnson obtained a six-month harassment restraining order against Arlotta, which prohibited Arlotta from committing any acts intended to adversely affect Johnson’s safety or privacy, and from having any contact with Johnson by email or by other means or persons.
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The federal Stored Communications Act (SCA) of 1986 was established in an attempt to give Fourth Amendment-type privacy protections to people for their Internet communications. In other words, Congress sought to protect people’s Internet privacy from warrantless intrusion. 
Thinking of running a smear campaign against a business competitor? Thinking of posting disparaging content about someone anonymously online? Think again. According to a decision made by the Ninth Circuit on July 12, 2010, anonymous online postings may not qualify as protected speech under the First Amendment.
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