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Obtaining Subpoena In BC

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I would like to know if anyone here can put me in the right direction of getting a subpoena here in BC, for CL. I am being harassed on there, with the way of false postings.

 

I know who is behind it, but I can't prove it.

 

I am also wondering what action to take, if and when I am able to obtain one. I was thinking of getting a cease and desist letter written up as well, and having that delivered to the harasser.

 

There has to be some legal beagle's out there who can help ;)

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I am pretty sure you need the police to get that, or you need to sue the person and get your lawyer to get it (more costly)

 

 

I would like to know if anyone here can put me in the right direction of getting a subpoena here in BC, for CL. I am being harassed on there, with the way of false postings.

 

I know who is behind it, but I can't prove it.

 

I am also wondering what action to take, if and when I am able to obtain one. I was thinking of getting a cease and desist letter written up as well, and having that delivered to the harasser.

 

There has to be some legal beagle's out there who can help ;)

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Cyber bulling / Cyber harassment is a new thing the police and courts are now starting to recognize and deal with.

 

If you are certain you know who it is you may want to go speak to the police. They may be able to assist you and actually may look into it for you (At no cost to you).

 

If not... and you want to do it on your own you would need a lawyer I beleive to assist you in doing this as you would need a judge to issue a subpoena for the IP records from CL for this poster.

 

Once you obtain that IP address you need to find out who owns it (Rogers, Shaw, Bell, etc...) and subpoena them for the customers name....

 

(BUT)

 

...what often happens however is that the IP resolves to a public WiFi spot (such as a coffee shop, hotel, open wifi connection, etc...) so if that is the case you waste a lot of money on the lawyer to obtain the two IP's and the ISP customers name (unless of course the person uses the same coffee shop every day to do it... than you catch them red handed)

 

You do not want to wrongfully accuse someone so be sure you know who it is and be sure what they are doing can be considered illegal.

 

If you think they are dumb enough to post this stuff using their own personal internet connection paying the lawyer may pay off as you will than have proof that they are the person harassing you and you can take that proof to the police

 

... but unless they are wealthy your not going to be able to sue them and recoup your money (The whole rock from a stone issue) and worse off they really could just keep harassing you by using random public wifi connections and be untraceable.

 

If they are posting threats the police I think would get involved and I would hope that they would get the IP records and track the person down for you and it would not cost you anything.

 

P.S. You could also sue CL! They should after all moderate the site better!

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I have known instances where people's CL accounts were shut down because they did not conform to their policies and even heard of IP addresses being blocked.

 

You need to keep e-mailing the abuse section ever day and hopefully you will get someone's attention, more seriously. They will be able to tell which account it was posted from. If it is the same person doing it, they can cut them off.

 

They may open a new account, but they'd have to go to another computer - do you think they'd go to all that trouble?

 

Good luck!

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P.S. You could also sue CL! They should after all moderate the site better!

 

Now wouldn't that be something? I would just LOVE to get the meanest nastiest SOB on my side, and say go get em:bddog:

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Now wouldn't that be something? I would just LOVE to get the meanest nastiest SOB on my side, and say go get em:bddog:

 

All in all, not sure what to do. Will call the local police dept and see what they have to say.

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A few people have sued craigs list for things other people have posted. Not sure if any have been successful or not but I know suits have been filed against them for such things in the past.

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Guest e**m***h
Cyber bulling / Cyber harassment is a new thing the police and courts are now starting to recognize and deal with.

 

If you are certain you know who it is you may want to go speak to the police. They may be able to assist you and actually may look into it for you (At no cost to you).

 

If not... and you want to do it on your own you would need a lawyer I beleive to assist you in doing this as you would need a judge to issue a subpoena for the IP records from CL for this poster.

 

Once you obtain that IP address you need to find out who owns it (Rogers, Shaw, Bell, etc...) and subpoena them for the customers name....

 

(BUT)

 

...what often happens however is that the IP resolves to a public WiFi spot (such as a coffee shop, hotel, open wifi connection, etc...) so if that is the case you waste a lot of money on the lawyer to obtain the two IP's and the ISP customers name (unless of course the person uses the same coffee shop every day to do it... than you catch them red handed)

 

You do not want to wrongfully accuse someone so be sure you know who it is and be sure what they are doing can be considered illegal.

 

If you think they are dumb enough to post this stuff using their own personal internet connection paying the lawyer may pay off as you will than have proof that they are the person harassing you and you can take that proof to the police

 

... but unless they are wealthy your not going to be able to sue them and recoup your money (The whole rock from a stone issue) and worse off they really could just keep harassing you by using random public wifi connections and be untraceable.

 

If they are posting threats the police I think would get involved and I would hope that they would get the IP records and track the person down for you and it would not cost you anything.

 

P.S. You could also sue CL! They should after all moderate the site better!

 

 

Hard not to agree with Mod. I guess things like this could get very drawn out and expensive though, as he mentions. That is why normally, atop of the criminal setting, there are mechanisms that are not so tough and expensive for the person complaining such as human rights tribunals (BC certainly has one) that take over and do the work of issuing subpoepnas and investigating on behalf of the complainant. Usually anybody (who is not federal regulated) can complain if they experience harassment in the workplace, including through the internet. Harassment or discrimination in by employers or service providers in the usual workpace environment (if that is the problem you are experiencing) could normally be addressed in this way. In principle, if this is your work environment (CL is your service provider), no less protection should apply here - but of course it is all really blurry when it comes down to taking on the issue for real.

 

Hope it goes ok for you.

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