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Ask HN: How can I keep from getting sued?

4 points by oldgregg ↗ HN
I just launched a non-profit wiki project. It publishes information that lots of rich people would rather not see published. It's operating in a very litigious environment and even a frivolous lawsuit would effectively shut me down. I have taken basic steps to conceal ownership but someone who is determined would no doubt be able to figure it out.

I feel like I have two options right now:

1) Cross my fingers and hope I'm covered by anti-SLAPP laws (of which I know very little).

2) Move offshore and setup a few shell companies to make it difficult and expensive to track down. (how I actually go about this I'm not sure yet)

Any recommendations on how I can limit my exposure would be greatly appreciated!

12 comments

[ 3.0 ms ] story [ 41.0 ms ] thread
[dead] TripleD42
Section 230 of the Communications Decency Act protects platforms from responsibility for what their users post, this is the defense that http://www.dirtyphonebook.com and unvarnished and others of that ilk are taking.
simon_
Come on... you're not going to tell us what it is?
oldgregg
Yep, I will be in the next few days... Just not from this account!
ig1
You should realize you've probably already compromised your identity with these posts (assuming your username isn't anonymized).
jacquesm
He hasn't tied it to the project name though.

You'd need that tie in order to use it legally.

simon_
I'd expect your host/ISP to cave and shut you down if presented with the threat of legal action. If you want to stay up and are really going to face that kind of challenge, it seems like you would need to host the site in a jurisdiction where they wouldn't even be able to make a credible threat. (Russia, maybe?)
oldgregg
My host is a fellow HNer, he better not cave! Of course I guess someone could always go upstream...
anigbrowl
Call your state bar association and ask them for the names of a few law firms with experience in this area that do pro bono ('for good', ie free) work. Many law firms dedicate a portion of revenue to this end and may be more open to helping if defending your website would reflect well on their practice.

Only 21 states have adopted anti-SLAPP laws and these are not uniform. This web page is ugly but informative on the basics: http://www.thefirstamendment.org/antislappresourcecenter.htm...

Of course, keeping your costs down depends on whether your non-profit is dedicated to the public interest, as opposed to selective criticism of people you happen to dislike; other significant factors are the quality and legal provenance of your content.

[deleted]
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jacquesm
For starters you should probably put up a minimal barrier at your registrar to make it less easy to figure out your personalia. That won't deter a big fish but it will help a bit and it will buy you a bit of time in case someone does say in the media that they'll sue you. Try to get in under the rights that the mainstream press has when protecting sources and the 'gathering of news'. Try to stay away from libel, phrase stuff as opinions unless you can back them up with evidence.

Second, the best defense against a suit like that is to make sure the data gets spread around. Set up a system of mirrors in different countries administered by different people that will host all the content regardless of where they sue. 10 lawsuits in 10 different countries is a whole lot harder than one against a sitting duck.

If possible host the copies of the documents outside the location where the target of your project is located, so if you publish on say a Canadian politician don't host your stuff in the US and Canada, but simply link to it.

Research your co-location facility how they act in the case of a takedown request.

Talk it over with them before committing.

teragrino
I've talked with this lawyer about other things and briefly about offshore businesses to avoid litigation. I haven't needed it but I know he knows about the corporate structures necessary for identity obfuscation and gives thorough consultations. They may or may not pro bono but he could provide an informed referral http://www.web20lawyer.com/
ig1
Look at PRQ for hosting, they hosted Wikileaks and The Pirate Bay and can probably give you some pointers as well.