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The Courts Twitter

New York Post's Hunter Biden Laptop Source Sues Twitter for Defamation (theverge.com) 468

A computer repair shop owner cited in a controversial New York Post story is suing Twitter for defamation, claiming its content moderation choices falsely tarred him as a hacker. From a report: John Paul Mac Isaac was the owner of The Mac Shop, a Delaware computer repair business. In October, the New York Post reported that The Mac Shop had been paid to recover data from a laptop belonging to Joe Biden's son Hunter, and it published emails and pictures allegedly from a copy of the hard drive. After the Post's sourcing and conclusions were disputed, Facebook and Twitter both restricted the article's reach, and Twitter pointed to its ban on posting "hacked materials" as an explanation. Mac Isaac claims Twitter specifically made this decision to "communicate to the world that [Mac Isaac] is a hacker." He says that his business began to receive threats and negative reviews after Twitter's moderation decision, and that he is "now widely considered a hacker" because of Twitter.
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New York Post's Hunter Biden Laptop Source Sues Twitter for Defamation

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  • Blown away... (Score:4, Insightful)

    by Jharish ( 101858 ) on Monday December 28, 2020 @10:10PM (#60874092)

    ...that someone would publish private information they were paid to recover and not consider that hacking? It's definitely doxxing, right? Unless I'm missing something, asshole is getting everything he deserves for publishing that. He should lose his job and company, too.

    • by Kisai ( 213879 )

      Well it might not be considered hacking, but he was not entitled to the information, and usually part of signing any kind of repair contract is that you hold the repair service immune from any liability.

      The fact that they went out of their way to let someone who is not the owner of the data have it, puts it right into the same kind of hacking-espionage section of law, so while he might not be a hacker, in terms of how we typically consider it, his actions are not any different than what blackhat hackers do.

    • Re:Blown away... (Score:5, Insightful)

      by DrXym ( 126579 ) on Tuesday December 29, 2020 @06:00AM (#60874874)
      That's even assuming Hunter Biden was the person paying to recover this data which seems vastly unlikely due to geography and common sense. And if it wasn't Hunter Biden then it was fortuitous to the point of miraculous that whoever sent the laptop in for "repair" just happened to choose the one repairman who'd dump all that info in the lap of the sleaziest operative in Trump's circle. In addition, if this laptop wasn't Hunter Biden's then the materials recovered are tainted by definition. Some may be real, obtained through some means or another, but it wouldn't be hard to plant ones which are not real to incriminate either him or his father.

      It is no wonder that the reputable news outlets gave the entire thing a wide berth and even Twitter tagged the story to indicate how dubious it was.

  • Paid? (Score:5, Interesting)

    by PPH ( 736903 ) on Monday December 28, 2020 @10:12PM (#60874100)

    By whom? Who delivered the laptop to The Mac Shop?

    the New York Post reported that The Mac Shop had been paid to recover data from a laptop belonging to Joe Biden's son Hunter

    If it can be shown that Isaac did the work, I hope he requested some identification from the person or persons requesting it. Better still, some evidence that they were in legal possession of it.

  • What did he expect? (Score:4, Interesting)

    by sg_oneill ( 159032 ) on Monday December 28, 2020 @10:14PM (#60874106)

    One of two things is true.
    Either;-

    1) He stole data from a customer. Electronic theft or..
    2) He fabricated data for ulterior purposes. Electronic fraud.

    It would seem to me either of these would be considered either hacking or hacking-adjacent in any courtroom

    • Re: (Score:2, Troll)

      by sinij ( 911942 )
      False choice, other alternatives are also possible. For example, shop owner can be telling the truth that the laptop was abandoned by the customer.
      • by nierd ( 830089 )

        False choice, other alternatives are also possible. For example, shop owner can be telling the truth that the laptop was abandoned by the customer.

        Given that this was in the United States - even if the service agreement stated private data was owned by the shop - it wouldn't pass 'unconscionable' standards of contracts. The private data was never the shops - even if the hardware changed hands. Using it was in effect a computer crime.

      • That changes nothing.

        Even if the laptop was abandoned, that doesn't entitle the shop owner to sell the recovered data to the press or publish it on the internet. There are already legal court precedents for that.

    • by Brain-Fu ( 1274756 ) on Monday December 28, 2020 @11:00PM (#60874208) Homepage Journal

      Based on my reading of this article...

      The New York Post published Data from the laptop (not John Paul Mac). The New York Post claimed that John Paul Mac was the source. That article, that made both claims, was disputed. Because of that dispute, the article was blocked as having "hacked materials." Because John Paul's name was associated with that article, the act of blocking due to hacking was received by audiences as an accusation that John Paul was a hacker.

      So....if I read this right (unsure, honestly), John Paul didn't publish anything at all. Someone from the Post walked into John's shop and said "could you please recover all the data from this broken laptop for me?" That is a legit request; people need such a service commonly and it is not remotely illegal or unethical to do that. Unless they explicitly said something like "this laptop was stolen" then John wouldn't have any reason to believe that anything weird was going on. So he scraped a hard drive image and gave them the data dump. Done. Everything else that happened was "on" the New York Post.

      Apparently, the article no longer has that "hacked materials" associated with the ban. That was removed the next day. But the social impact lingers.

      If my reading here is what actually happened, then I do find the situation a bit sticky. Twitter didn't make any accusations of John, and didn't ban John's posts, do anything bad to his account, etc. Twitter banned a new york post article, due to a dispute about its credibility. Isn't that an ok thing to do? This mental connection "John is a hacker" was made, incorrectly, by twitters followers. Is twitter actually responsible for that?

      I DO see this as just another case of mass stupidity being the root cause here. I suspect John will lose the case, despite being innocent and yet widely hated now, because twitter didn't actually make any accusations of John nor take action against John.

      • Re: (Score:2, Insightful)

        by sinij ( 911942 )

        That article, that made both claims, was disputed.

        How it was disputed was absolutely fascinating. Emails were never denied by Bidens. The timeline has Twitter censoring links to the article and banning New York Post account. Everyone else, used that as an excuse to dismiss it as false. Basically, disputing was the act of banning it. So it is fully circular logic. At a later time came "All the Hallmarks of Russian Campaign" letter (note: this is not a disputation) that again was misreported as saying more than it did.

  • by rsilvergun ( 571051 ) on Monday December 28, 2020 @10:27PM (#60874142)
    This is Benghazi all over again. The Republican party will keep this and other scandals in the press non stop until one more more stick. It's an old Karl Rove tactic (the other big one being attacking your opposition for things you yourself are guilty of, *cough* Ivanka Trump *cought*, I should really get that checked out...).

    You don't care whether there's any truth (there isn't, go look up Beau Of The Fifth Column's videos on it, none of the timelines line up), or even if people believe you. The goal is to just keep hammering away until you develop a vague sense that *something* must be there.

    I just wish we, as a country, could figure this out so these transparent tricks didn't work anymore...
    • Re: (Score:2, Informative)

      by Tora ( 65882 )

      Let me correct your assertion: POLITICIANS of both parties do this, not just Republicans. For each you cite from party A, I can find some from party B to equal them.

  • I am not a lawyer, but my understanding of Section 230 is that Twitter is insulated from such lawsuits regardless of merit. Even if it can be shown that they maliciously censored based on falsehoods, they are still immune.
    • I am not a lawyer, but my understanding of Section 230 is that Twitter is insulated from such lawsuits regardless of merit. Even if it can be shown that they maliciously censored based on falsehoods, they are still immune.

      Hmm... Isn't Section 230 the one Trump wanted to overturn/abolish? Interesting ...

    • by RazorSharp ( 1418697 ) on Tuesday December 29, 2020 @12:02AM (#60874344)

      I am not a lawyer

      Clearly. Your understanding of Section 230 is mistaken. If Twitter actually defamed this guy then they are not shielded from liability. If they had merely removed posts by him or about him, they would be shielded from liability. But if they intentionally spread malicious lies about him that caused him harm then they would be liable for defamation.

      However, it does not appear that they intentionally spread malicious lies about him that caused him harm, so this guy will lose the case. He probably does not intend to win the case.

      Instead, he will play the victim card and beg for a legal defense fund and a bunch of idiots such as yourself will throw money at him. Just like you idiots threw a bunch of money at that asshole kid who murdered a couple people in Kenosha. You dumbasses are the most vulnerable prey for con artists, having recently overtaken idiots who give money to televangelists. It’s so pathetic how you fail to see that all the causes that mean so much to you—religion, guns, political demagogues, political conspiracies, etc. are all just scams designed to take your money.

      It seems that every other post under this story is you parroting some bullshit you heard from Rush Limbaugh or Breitbart or some other whacko. I wouldn’t be surprised if half the AC comments were also by you. Way to fight the good fight. You’re a model right-wing troll.

      • by sinij ( 911942 )

        If Twitter actually defamed this guy then they are not shielded from liability.

        You are arguing from the conclusion. It is not clear that they defamed him, as there is no case law for this.
        If Twitter bans you with stated reason that is untrue, is it the same as accusing you of the same? I don't think anything like that was tested in courts. For example, Twitter bans for misgendering, essentially accusing people of transphobia. Can they be sued for defamation for doing that?

  • by mykepredko ( 40154 ) on Tuesday December 29, 2020 @12:10AM (#60874364) Homepage

    Both times I've brought in a laptop for repairs (display and keyboard), I've had to leave a deposit for a minimum amount of work (ie open it up to determine what needs to be done to provide an estimate for the full repair) as well as sign a disclaimer saying that the shop doesn't guarantee that the hard drive contents will not be altered/changed/deleted/added to/etc - so make sure there is nothing critical on it before leaving it. I can't believe that Mac Issac doesn't have a similar agreement.

    It seems to me that Mac Issac told, in writing, Mr. Biden that when he gets his laptop back the hard drive's contents may have been altered (very likely if it's a data recovery task) but he's now telling the world that the contents are exactly what he was given. Or did he tell Mr. Biden that nothing would be changed on the hard drive and the files to be recovered would be provided on separate media?

    Where is the paperwork explaining what was contracted and what was promised?

  • To know with certainty so many of the comments here would be exactly reversed if it was Jared Kushner's laptop.

    • Jared Kushner is a white house official in charge of PR and whatever BS assigned to him that month; also he has a security clearance despite being rejected for one.

      Hunter Biden is a politician's messed up kid who's dad has NEVER put him or his brother in charge of jack shit. Daddy may be proud his kid isn't on drugs or dead etc. but not the kind of proud that he'd let him work with him.... that is, unless he was a crook and wanted a mofia like environment...

      I also don't give a shit if somebody travels with

  • by fulldecent ( 598482 ) on Tuesday December 29, 2020 @12:39AM (#60874414) Homepage

    Here is Hunter's signed contract that all the comments are talking about.

    I paid the $0.60 to download it from PACER and put it on Twitter for you

    https://twitter.com/fulldecent... [twitter.com]

  • by Vanyle ( 5553318 ) on Tuesday December 29, 2020 @01:01AM (#60874456)
    It came out and said a day later that it did not violate their policy, so the argument of weather the label is correct or not is pointless.
  • by DrXym ( 126579 ) on Tuesday December 29, 2020 @05:51AM (#60874868)
    If the Rudy Giuliani narrative is to be believed, then Issac (this repairman who works on the other side of the US from where Hunter Biden lives) just happened to receive his laptop for repair and then promptly released all the files and materials on this laptop into the hands of Rudy Giuliani. That makes him an unethical sack of shit who has probably broken a bunch of computer / property related laws for improper use.

    And that's the Rudy narrative. Another more plausible narrative is that one of Giuliani's Eastern European associates planted this tainted laptop in for "repair" as a cover story for releasing stolen, hacked and doctored materials into the public domain. Just in time for the election race. And it sure was serendipitous that this repairman just then happened to give the files over to Giuliani like that. Either serendipity or he was a willing co-conspirator.

    But Issac's fee fees are hurt because of a Twitter label?

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