A Florida appeals court later affirmed the ruling in favor of former Hvide Marine Inc. chief executive Erik Hvide, who contends he was forced out of his job because of the postings. But in a case under appeal in Pennsylvania, a judge ruled that anonymous writers must have a chance to challenge the merits of a lawsuit before they can be ordered identified. Although the unnamed defendants failed to win on that challenge, one of their lawyers praised the judge for setting a high standard. In a separate case, a federal court in California ruled in February that anonymous Internet writers cannot be sued when they state opinions, not facts. Megan Gray, a defense attorney in that case, said postings are typically watercooler-style comments that most people wouldn't take seriously.
Electronic messages carry numeric addresses usually traceable to the sender.
Software does exist, however, designed to make messages untraceable. One such program, Freedom, uses third-party servers to mask its users. Freedom's maker, Zero-Knowledge Systems Inc., says it doesn't keep records that could be subpoenaed. But First Amendment advocates say Internet users should not have to turn to technology to exercise what they consider a constitutional right. The U.S. Supreme Court ruled in 1995 that Americans have the right to distribute anonymous political leaflets.