defamation social-media
Tracking twitter ip address
<p>Situation: Someone has been calling me a slut on twitter with a fake profile and harassing me. I am based in LA and I have no idea where the fake profile is from. </p>

<ol>
<li>Can I take any legal action against him/her (not just blocking or deleting account)?</li>
<li>Is there way to trace his IP address without getting it from Twitter legally?</li>
</ol>

<p>I saw online that I can potentially file defamation suit against him. However, I am not sure whether name-calling would be considered to obtain a law suit.</p>

<p>Under California law (<a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&amp;sectionNum=46." rel="nofollow noreferrer">Cal. Civ. §46</a>), </p>

<blockquote>
  <p>Slander is a false and unprivileged publication, orally uttered, and
  also communications by radio or any mechanical or other means
  which...4. Imputes to him impotence or a want of chastity</p>
</blockquote>

<p>You could hire an attorney to file a defamation lawsuit against the party. As part of the process, your attorney would file a motion to compel Twitter to supply information (such as IP address) which might maybe lead to the actual person. <a href="https://www.vorys.com/publications-1843.html" rel="nofollow noreferrer">This article</a> discusses the likely steps, but since Twitter is also in California, the first step is easier. Using an IP lookup tool, you could get the company that provided the connection, and then maybe the person, if it was not a Starbucks. Another court order may be required to compel e.g. Comcast to supply the individual's information. </p>

<p>Calling you a slut falls under the rubric of defamation <em>per se</em>, where it is assumed, by law, that you were damaged, so you don't have to prove that you were actually damaged.</p>
