take a substantial investment in time, energy, and money to begin the
process of tracking down a suspect, just to find out that the person has
disappeared into the online shadows.
Second, a lawsuit may not bring resolution even if you find the
person who defamed you. The person you sue may be broke (“judg-
ment-proof,” in the jargon of lawyers) and unable to pay a single dol-
lar in damages. She also may not be able to remove or fix the smears
she created; it may be too late to put the genie back in the bottle.
Once a smear goes online, it often takes on a life of its own outside
the control of the original attacker. Even if the original attacker
wants to help fix the problem, it may be too late to take it back: the
smear may have been copied-and-pasted by bloggers, linked to from
Web discussion forums, or picked up by Google Cache, or it may
have found a permanent home in the Internet Archive. The act of su-
ing may even make the problem worse: The so-called Streisand Effect
describes the fact that attempts to remove content from the Internet
often inspire other bloggers to copy the content and make it more
prominent. In these cases, there is nothing that the attacker can do to
take the content back; it is out of her control. The attacker cannot
force Google to remove links to the smear and often cannot force
other bloggers to remove it.
Third, lawsuits often take years to finish. Justice may be blind,
but it is also incredibly slow. Filing a lawsuit can create years of stress
before reaching a resolution, and it may require an extensive com-
mitment of time or money from you to support your lawyers.
On the other hand, there is a strong sense of vindication that
comes from winning in court, and a victory in court can serve as
proof that the smears are inaccurate. News coverage of your victory
will often displace the false negative content in Google results. You
will also be helping to clean up the Internet and to make it clear to
online bullies and harassers that their conduct will not be tolerated.
To give just one example, education counselor Sue Scheff won a
multimillion-dollar lawsuit against an online harasser. She and In-
ternet expert John Dozier wrote about the lawsuit and the addi-
230 Wild West 2.0