E-commerce
Legal Implications of IP Address Sharing by Online Review Platforms
Legal Implications of IP Address Sharing by Online Review Platforms
When it comes to online review platforms like Glassdoor and Yelp, the question of whether a business can access a user's IP address through a negative review is a matter of significant legal and ethical concern.
Protecting User Identities
Notably, both Glassdoor and Yelp have taken a stance in defending the privacy and anonymity of their users. In several legal battles, these platforms have successfully argued for the protection of user identities against inquiries from businesses upset with negative reviews.
When a business appeals to a court seeking the identity behind a negative review, it typically follows a systematic legal process. The business first files a "John Doe" defamation suit, followed by a request for a subpoena to the platform for user records.
Subpoenas and Courts' Rulings
The platform then has the option to either comply with the subpoena or argue against it in court. Courts generally favor the platform in such cases, upholding the rights of the reviewing user to remain anonymous.
Types of Information Involved
The specific types of user information that may be revealed include the review poster's IP address. However, the ability to link an IP address to a specific user is limited. An IP address is essentially a unique identifier for a device, rather than a person, and can change frequently.
While an IP address might provide some information about the location and network to which the device is connected, it does not reveal personal data such as a name, address, or phone number.
Terms of Service and Liability
Many online platforms state in their Terms of Service (ToS) that they may share information, including IP addresses, with third parties. This can include providing this information to thecompany that posted the negative review without a court order. Violating the ToS of such a platform could result in civil liability, especially if such information leads to harm to the individual, such as job loss.
It is important to note that just because a platform's ToS allows them to share such information, it does not constitute legal justification, unless a court has ordered this action.
Privacy Concerns and Legal Precedents
Privacy advocates and the public are often concerned about the potential misuse of this information. The frequent changes in IP addresses make it even less likely that an IP address can be directly linked to an individual without additional context.
However, as online information becomes more interconnected, the challenge of maintaining user anonymity is increasingly complex. Courts continuously grapple with these issues, recognizing the tension between free speech and commercial harm.
Conclusion
The legal landscape surrounding IP address sharing and online reviews is complex and multifaceted. While platforms like Glassdoor and Yelp defend the privacy rights of their users, businesses seeking to address the content posted against them have legal options. However, the effective protection of user privacy remains a challenging but important issue.