Anonymous Posters Named in Defamation Suit

In January, a jury found the couple and their ranch hand not guilty on all charges.

Since reports of the rape allegations began to surface last year, more than 25,000 comments, on about 70 threads related to the trial, have been posted on Topix message boards for anyone with a search engine to see.

Topix Asks to Withhold Identifying Information

Rhonda Lesher runs a successful day spa and her husband is a prominent attorney. But comments on Topix, which have no basis in fact, Mark Lesher said, accuse the couple of murder, encouraging pedophilia, drug abuse and other "horrendous" crimes that materially attack their characters.

Although the couple feel vindicated by the not-guilty verdict, they said the anonymous posters who have made their lives "torture" should be held accountable for the damage they have done.

In their 365-page lawsuit, filed in February, the Leshers named the 178 pseudonyms used to post what they considered the most defamatory messages. They posted the lawsuit on Topix and served the company a subpoena to obtain the IP addresses.

But finding the request too large in scope, Topix responded soon after with a motion to quash the couple's subpoena.

"We are not averse to a reasonable solution," Chris Tolles, CEO of Topix, said at the time. But he said the request was "over broad and burdensome."

Judge Denies Topix's Motion to Quash

In March, however, a California judge denied the Web forum Topix.com's request to withhold any identifying information for the targets of the suit, although it also granted the company's motion for a protective order "to protect the identities of the anonymous Internet posters."

Since then, lawyers for Topix and the Leshers have worked to narrow the number of targets in the case from 178 pseudonyms.

Tolles said a Topix analysis indicated that about 70 percent of the defamatory comments included in the Lesher's petition belonged to a handful of IP addresses. Topix disclosed that information to the Lesher's lawyers, although some information is still under negotiation, the Leshers said.

"We came to a settlement with the Leshers," Tolles said. "A couple of folks had the lion's share of the really objective postings."

He said his company was happy to help those who believe they have been libeled but "the key was that people didn't see us with a soft touch."

Internet Service Provider Disclosed Information

Each month, he said. his company receives about a handful of requests from law enforcement officials looking for information on a case or from individuals. That number hasn't changed as news of the Lesher's case has spread, he said.

The Leshers said that the information from Topix led them to three Internet service providers, Hughes Communications, America Online and Birch Communication.

The couple said Birch immediately responded to their subpoena. The company disclosed that the IP addresses corresponding to posts made by the pseudonym "ilbedipt" were registered to Apache Truck & Van Parts.

"We just got lucky," Mark Lesher said, adding that though "illbedipt" only posted about 10 times from the Birch IP address, he said that pseudonym also posted hundreds of times from another IP address registered to Hughes.

The Leshers said Hughes was cooperative but indicated that because it is a satellite company, it required more information that the Leshers are trying to secure from Topix. AOL said it erased the necessary information after 90 days.

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