Saturday, May 19, 2007

Teshuvos haRWAC 1:2 - Outing a blogger

Question:
Honored RWAC, I believe I have determined your identity. Is there any prohibition against revealing your identity on my blog?

Answer:
Thank you very much for your email.

I believe it most unlikely that you have succeeded in determining my identity:
I use multiple ISPs, all of which trace to incorrect locations.
I frequently sign my emails with random names.
I change critical details of stories in posts.
To the best of my knowledge, one of my readers knows who I am, and one bloggeress might have guessed it - but that’s pretty much it.

But to address your halachic question: Aside from the prohibitions involved, you would bring a world of hurt down upon yourself.

a. You doubtless think that you are immune from any sort of beis din-ordered punitive damages, since revealing my identity would constitute היזק שאינו ניכר, non-visible damage, and as such would not be actionable.

However, realize that one who damages another intentionally is, indeed, vulnerable to prosecution and fines (Chulin 41a, Gittin 52b, Mishneh Torah, Hilchos Chovel uMazik 7:1-3). It is true that the Vilna Gaon (Biur haGRA to Choshen Mishpat 1:14) thought that courts are not licensed to collect this fine in our day, but that’s because his seforim store was out of copies of the Meiri (Gittin 52b), who suggests otherwise.

b. Further, all preventive measures I might take would be justified under the laws of rodef (preventing a pursuer from committing murder, Mishneh Torah Hilchos Chovel uMazik 8:24), since my wife would kill me if my identity were to become public (Mishneh Torah Hilchos Rebbetzins 4:1).

It might interest you to know that the Torah permits vigilante action in the context of preventing imminent loss. Although the preferred method is to go to court (Berachos 5b), that does not apply if waiting for a court ruling will result in immediate harm (Bava Kama 27b-28a, Shulchan Aruch Choshen Mishpat 4:1; see also Moed Katan 17a on my options). My methods would include, but not be limited to, denial of service attacks, hacking, pashkivilim in Meah Shearim and a ban that would make the anti-Slifkin moves look pathetic.

c. Note that I would also be entirely justified in launching any attack after the initial revelation, so long as the ‘revelation of identity’ post remained up on your site. So long as new viewers could see the information, you would be in the category of a rodef who is caught in the middle of the act. Although your mother used to say, ‘Two wrongs don’t make a right,’ your mother clearly doesn’t know much about halachah.

d. All of the above has related specifically to my own personal reprisals, but realize that there is another dimension here as well: The loneliness you would be forced to endure as social punishment for your actions.

Let’s face it, pal: Outing a blogger is even lower than cheating in the JIBs voting. If you think anyone will ever link to you again, forget about it. You could put up an “I Love George Soros” banner on your blog and even DovBear wouldn’t link to you. This is part of the ancient concept, כל ישראל ערבים זה לזה, aka The Jblogosphere sticks together.

So bring it on, pal. Remember: Even if you might know who I am, I certainly know where to find you. Do you feel lucky?

14 comments:

Steg (dos iz nit der šteg) said...

way to lay down the law, rav. ;-)

have you considered acting as OrthoMom's legal counsel?

Jameel @ The Muqata said...

RWAC: Here's R' Gil Student's teshuva on this issue as well.

Zach Kessin said...

If you feel a need to disclose someone's identety then please feel free to use mine. I would however prefer that you not state the exact community where I live, however with a bit of digging that too can be found.

Of course if you tell everyone who I am no one will care, as I make my name public, out of habbit and a strong feeling that I should sign my name to what I write.

--Zach

Jack's Shack said...

Outing is a nasty thing. A tiny little man attempted to do this to me recently. I highly advise against these things because you really don't want to see what happens.

Schvach said...

All Israel one for another is right.
What sort of dolt wants to trip a
primo blogger (or any blogger for that matter)? He's jealous - toss him
some fame; he needs it.

rabbi without a cause said...

Steg-
She seems to be in good hands... but if it ever goes near a beis din, I'm there!

Jameel-
Thanks! He doesn't seem to be focussed enough on reprisal, though.

Zach-
Hmmm... Are you suggesting I should sign my emails "Zach Kessin"?

Jack-
You bet!

Shvach-
Fame is fleeting, vengeance is forever...

Agatestone said...

RWAC: I'm a long-time reader, first-time commenter. The reader called you "Honored RWAC" and asked politely. Why threaten him/her? Why not just politely say no? Your response seemed a tad heavy handed. Was that all to the e-mail or was this person threatening you?

Tzipporah said...

RWAC - LOL. I agree with agatestone that your response seems out of line with the question, and can only assume that you feel seriously threatened, or that there was more to the query than you've shown us.

Aside from reprisals, why would someone want to out you? It makes no sense. They gain nothing (unless he/she is an angry member of your congregation) and hurt you and others immensely.

rabbi without a cause said...

Agatestone, Tzipporah-

The email to me was entirely different from the one I posted; what I posted was my own text in the spirit of the responsum model.

Tzipporah said...

ah... that makes more sense.

Well, DOWN with you, you nasty outer!

Scraps said...

UGH. Outers are the lowest of the lowest blogosphere scum. You tell 'em, Rabbi!

Jacob Da Jew said...

I'm with steggy. Nice.

Anonymous said...

I would argue that the next lowest level of blogger is the one who would post without attributing his quotes accurately.

rabbi without a cause said...

anonymous 6:54 -
Ah, yes, I remember that fellow. I had pretty much forgotten about my Yerushalmi friend; never did get an apology from him, either.