Hacker News Reader

Comment by wandaluzt | Hacker News Reader

Unfortunately every attorney I've contacted so far is not in a position to help. I've asked Cloudflare to hold providing the information until I get representation. Unfortunately as a free customer who only pays for the wordpress optimisations, I am too much of a small fry for Cloudflare to worry about. This is why I am trying to appeal to the CEO here. I have no resources to quash the subpoena. It seems a wealthy individual is going to get their way and cause me harm and stifle free speech.

View on HN

> It seems a wealthy individual is going to get their way and cause me harm and stifle free speech

This may sound like a slight from an American, but I truly don't mean it that way. This is an honest expression/question.

My (probably poor) understanding is that there is not general free speech in the UK, that the free speech guarantees only apply to members of parliament (and/or maybe other government reps?), and not to individual citizens. At least, constitutionally. Am I wrong about that? Are there legal protections for "free speech" for average citizens in the UK?

Technically you are right. We do have free speech but not quite like the USA. I have been advised by police here that if a statement is true or the opinions are genuine beliefs of the person making them, then you are not breaking the law. As a civil matter, this has not even been challenged in the US by the court to see if they had a case.

The US court doesn't really examine the complaint prior to issuing a subpoena, the plantiff has a dispute with you and wants to contact you but can't. So they've gone to court to ask how to contact you.

Cloudflare could move to quash the subpoena, but unless your contract says they must, that's at their discression, and unless your contract says you'll pay for it, something they would have to pay for.

If you had representation, you could move to quash the subpoena, too. And then it would be challenged.

Free speech doesn't necessarily imply anonymous speech either.

I understand about the contact thing. They have had contact with me directly and via my host and Cloudflare. They have asked for information about the account from the time their story was published up until now. So it's not just about that. They can contact me, they just aren't getting the response they want.

> Unfortunately every attorney I've contacted so far is not in a position to help.

What? Why?

I really do not understand why. Cloudflare only gave me a week to intervene and get counsel. I have asked them to delay. Everyone I've contacted law firm wise say they're not in a position to help. I've also contacted the EFF and they've provided recommendations to me who have turned out not to be able to help for various reasons. There's been a few on holiday, some say they've not got enough time, or too much work on.

They are probably all avoiding getting dragged into a libel or defamation case and think you won't pay them.

Normally lawyers expect payment up front. All I want is a motion to quash.

ORG (Open Rights Group) as a UK org might provide good recommendations.

Thanks I will contact them. I've lost count of how many organisations I've contacted. This lies with Cloudflare really to bat it back and say this isn't right.

Presumably for the same reason that publicly feminist lawyers are not in a position to defend accused rapists regardless of the strength of the accusation.

I might be missing some context, but this seems a bit unhinged? What do you mean?

Reply on news.ycombinator.com