Baybrook Remodelers threatens Bluehost

Ken Carney and his company Baybrook Remodelers are already suing me over this website. The decision about what is or is not defamatory will be made by a jury in just over 2 months from now (assuming there are no more delays).

Now, it would seem, Kenneth Carney and Baybrook Remodelers would also like to sue the company that hosts this website–unless that company agrees to Mr. Carney and Baybrook Remodelers’ demands to take this website down.

Bluehost received the letter below (you can download it here) from Thomas J. Daly.

cease and desist letter to Bluehost (f)-1 copyI’m no lawyer but Section 230 of the Communications Decency Act seems to apply here. I don’t think you can sue the Internet, Mr. Daly.

This latest threat from Ken Carney and Baybrook Remodelers seems to me like an attempt to silence speech by threatening to file a baseless lawsuit. Imagine.

CDA 230

5 responses on Baybrook Remodelers threatens Bluehost

  1. While I’m not a lawyer either, I don’t think CDA 230 covers what the letter asks for. The legal team is asking the site come down because the content violates the host’s own policies as publicly announced. From what I’ve seen, all your comments and statements are backed by fact. There is no reason your host should have to take the site down.

    On a side note, good job spreading the word about a bad contractor that tries to bully customers into silence.

    1. If there is one thing I have learned and learned well through all this, it’s that I don’t understand the law nearly as well as I thought I did. So I don’t know. Thanks for the good thoughts.

  2. Also not a lawyer, but my guess would be that until there’s a court judgement as to whether or not your statements are officially defamatory, you’re not in violation of the hosting company’s Terms of Service against posting defamatory content. The lawyers can threaten all they’d like, but it sounds as though they’re just posturing and grasping at straws at the moment. I would guess your hosting company’s lawyer would agree.

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