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. Finding people who post messages on the Internet can be incredibly easy. 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, 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. The company, which is being sued by shareholders, wants to identify several writers and check their records of stock trades for signs of any illegal price manipulation.