From Watts v. KOS Media LLC, decided Tuesday by the Nevada Court of Appeals (Chief Judge Bonnie Bulla, joined by Judges Michael Gibbons and Deborah Westbrook):
Watts sued respondent KOS Media LLC, alleging that it was liable under NRS 41.1347 (Nevada's anti-doxing statute) for posting and/or facilitating the posting of an article that allegedly contained Watts' personal identifying information on its website "The Daily KOS." The post, entitled: "Heartland Fundraising for Tony Watts' $2,000 Thermometers to Compete with Global Temp Network," was made by a user named "ClimateDenierRoundup" and contained links to the Zillow listing for Watts' Nevada residence, as well as its location on Google Maps.
Watts alleged that, due to his status as a well-known climate pundit, the release of his address on the internet increased his risk of death or bodily injury by climate activists, allowing him to recover damages and reasonable attorney fees and costs. Watts later filed a first amended complaint, which included alternative allegations that KOS either posted the article itself through an employee, or "aided and abetted" a third party in creating the article and knew that it contained personal and potentially harmful information prior to posting….
The trial court dismissed this claim, "under NRS 41.1347(6), which provides that '[t]his section must not be construed to impose liability on any interactive computer service for any content provided by another person,'" but the appellate court concluded this was premature:
