How to set up a libel lawsuit-proof and anonymous website

Let's start with the first level. You can establish a website, a bulletin board or a discussion group anonymously. We shall cover all the legal and illegal aspects than you might need to tackle.

You can establish anonymous domains by using a proxy server (that hides your real IP address and details). For example:

AnonDom
<http://www.anondom.com/>

Costenet
<http://www.cotse.net/servicedetails.html>

Domains by Proxy
<http://domainsbyproxy.com/>

KatzGlobal
<http://www.katzglobal.com/hosting/hosting.html>

This is not a 100% protection. If you check out these sites' terms-of-service, you'll find out that a court might force them to
reveal your identity. Some claims have been made against Domain-by-Proxy that they would do it even without a court order, due
to a letter from a lawyer (See: "Blogging unanonymously", Metafilter
<http://www.metafilter.com/mefi/43557>).

Blog is a very good solution. People can post their comments to blogs, and there are ways to blog anonymously. The article, "How to Blog
Safely", recommends several measures:
- Using a site like Invisiblog to write your blog on:
Invisblog
<http://www.invisiblog.com/>
- Using anonymizer when you surf
<http://www.anonymizer.com/>
- Using their "Tor" system to hide your computer and its location
<http://tor.eff.org/>

EFF, "How to Blog Safely (About Work or Anything Else)"
<http://www.eff.org/Privacy/Anonymity/blog-anonymously.php>

See also TorPark
<http://digg.com/security/TorPark:_Anonymous_browsing_on_a_USB_drive>

The site suggested in the comment seems to do just that:
http://anoniblog.pbwiki.com/

If you have an anonymous e-mail address and you approach the net by-proxy, another idea might be to open a... Google Group.

Google enables you to open a discussion group with your Google ID only. Your Google ID could be an anonymous email (from the services
mentioned before and others), and you can approach it by proxy. Voile, an extremly simple and cheap solution:
Google Groups - Set Up a Group
<http://groups.google.com/groups/create?lnk=l&hl=en>

As mentioned before, a second question arises regarding legal responsibility. I want you to understand that libel is an offence.
According to your story, I understand that you don't think that claims against John Smith would be libel (because they are true), and your
main concern is that he'll try to block you by writing a legal warning to the hosting site, or threatening to sue.

However, the chances of having your anonymous identity unmasked in such cases also depends on libel laws where you are. Some states have rules regarding anonymous publishing online: some would allow libel/defamation suits (and would force the host to unveil the identity of the publisher or to remove the material), some would not.

For example:

"In a Delaware case last year, the state's Supreme Court ruled that people aggrieved by a blog had the opportunity for redress simply by posting on the offending blog." (SOURCE: Mark Brunswick and Dane Smith, "Facing suit, anonymous blogger lifts his mask" <http://www.startribune.com/587/story/163827.html>). (It should be mentioned, that Michael Brodkorb did neither use an anonymous proxy, like I recommend you to do, nor was his blog located in a complete anonymous site like Invisiblog).

Another important quesiton you've raised is whether you are held responsible for posts made by others to a blog or a message board you manage. The answer is nto always, but usually, yes: Bloggers may be liable for blog comments
<http://dba-oracle.com/oracle_news/2005_9_1_liable_blog_comments.htm>

Again, this stresses the importance for you to use anonymous proxies and hostings for your blog, and perhaps also to state that each poster is responsible for their posts. Not moderating posts might - but might not - help:
Is it riskier to moderate blog comments?
<http://www.businessweek.com/the_thread/blogspotting/archives/2005/08/is_it_riskier_t.html>

Some other cases that should be mentioned:
"Alkateeb v. Does 1-15

An Arizona couple brought suit in federal court in New York against numerous anonymous persons who posted negative comments about them on a bulletin board established by a wedding shopping company, and subpoenaed their identities. Several Does filed a motion to quash the subpoena, and Public Citizen filed an amicus brief supporting this motion and urging that none of the other Does be identified until plaintiffs made a stronger showing to support their right to bring this case. Public Citizen argued that, although many of the posts were mean, they were not defamatory, and there was no evidence of falsity. Moreover, there was no showing that the case was properly filed either in federal court or in New York." (SOURCE: Public Citizen,
<http://www.citizen.org/litigation/briefs/IntFreeSpch/articles.cfm?ID=5801>).

"Dendrite International v. Does 1 through 14

Company providing and servicing software for the pharmaceutical industry sued four anonymous posters, two of them current or former employees, alleging defamation, disclosure of trade secrets, and breach of employment contract. Public Citizen filed an amicus brief in support of opposition by two posters to subpoena to Yahoo! After Court entered order protecting these two posters, the company appealed denial of subpoena regarding one of the posters." (SOURCE: ibid).

This is another example of a suit, because the person did not use anonyous proxy:

Collins Stewart hunts down internet libeller
<http://technology.guardian.co.uk/online/news/0,12597,1444515,00.html>

(See also:
MadSci: "RE: Is it possible for the ISPs or the server to trace some one out?"
<http://www.madsci.org/posts/archives/oct2000/970439390.Cs.r.html> )

It should be mentioned, that libel victims complain that Blogger *does
not* respond to their complaints regarding melicious blogs:
Defamation and Libel
<http://defamationandlibel.blogspot.com/>

Further Resources
=================

Chilling Effects Clearinghouse - John Doe Anonymity
<http://www.chillingeffects.org/johndoe/>

Canadian Internet Policy and Public Interest Clinic - Online Anonymity FAQ
<http://www.cippic.ca/en/faqs-resources/online-anonymity/>

EFF - Anonymity
<http://www.eff.org/Privacy/Anonymity/>

Time to get tough: Managing anonymous reader comments
<http://www.ojr.org/ojr/stories/060126crosbie/>

Mauritius
<http://www.elandnews.com/mauritius/uap.html>

Do-it-yourself Internet anonymity
<http://www.theregister.co.uk/2001/11/14/doityourself_internet_anonymity/>