Nevada
Nevada Court Decision in Climate Blogger's Doxing Lawsuit Against Daily Kos
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:
While Watts did include allegations in his complaint that indicated KOS aided and abetted a third party in posting the article; he also included an alternative theory, namely that “an individual associated with or employed by KOS Media LLC, and not a third party posted the content” alongside several other references noting that KOS “created” or “supplied” the content that disseminated his personal identifying information. Further, Watts’ complaint also includes allegations that the disclaimer on the KOS website {“[t]his content is not subject to review by Daily KOS staff prior to publication”} is incorrect, and that “KOS staff has reviewed the subject posting prior to publication and/or after, calling the disclaimer into question.”
Because this alternative theory of liability posits that KOS itself, not a third party, disseminated Watts’ personal identifying information, we conclude the district court erred when it determined that KOS is entitled to statutory immunity under NRS 41.1347(6) at this stage of the process. When treating this allegation as true, KOS fails to demonstrate that the content at issue here was “provided by another person” as required for immunity under the statute.
The court therefore allowed the case to go forward (though of course ultimately KOS might well prevail, for instance if the post was indeed put up by an unrelated third party).
The Nevada doxing statute allows lawsuit by one person against some “other person” when
(a) The other person disseminates any personal identifying information or sensitive information [defined as sexual orientation, transgender status, or HIV status] of the person without the consent of the person, knowing that the person could be identified by such information:
(1) With the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would be reasonably likely to cause death, bodily injury or stalking; or
(2) With the intent to cause harm to the person and with knowledge of or reckless disregard for the reasonable likelihood that the dissemination of the information may cause death, bodily injury or stalking; and
(b) The dissemination of the personal identifying information or sensitive information:
(1) Would cause a reasonable person to fear the death, bodily injury or stalking of himself or herself or a close relation; or
(2) Causes the death, bodily injury or stalking of the person whose information was disseminated or a close relation of the person.
It also provides exceptions for dissemination:
(a) For the purposes of reporting conduct reasonably believed to be unlawful;
(b) Which depicts a law enforcement officer acting under the color of law or an elected officer of the State of Nevada or any of its political subdivisions acting in an official capacity;
(c) Gathered in the exercise of the constitutionally protected rights of freedom of speech and assembly; or
(d) Which is a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern[, meaning] {
- Communication that is aimed at procuring any governmental or electoral action, result or outcome;
- Communication of information or a complaint to a Legislator, officer or employee of the Federal Government, this state or a political subdivision of this state, regarding a matter reasonably of concern to the respective governmental entity;
- Written or oral statement made in direct connection with an issue under consideration by a legislative, executive or judicial body, or any other official proceeding authorized by law; or
- Communication made in direct connection with an issue of public interest in a place open to the public or in a public forum,
- which is truthful or is made without knowledge of its falsehood.}
I think there are good arguments that statutes such as this are unconstitutionally overbroad and vague, but in this appeal KOS Media only raised the service provider immunity argument.
Jeffrey Dickerson represents Watts.
Nevada
California Gov. Gavin Newsom speaks to Nevada Democrats in Las Vegas
California Gov. Gavin Newsom addressed Nevada Democrats who packed a Las Vegas brewery Wednesday evening for a discussion about his upbringing, his political life and efforts his state has taken to combat the Trump administration agenda.
Newsom, who has been floated as a possible White House contender for 2028, sidestepped a quip from former Nevada Gov. Steve Sisolak who introduced him as the next U.S. president amid cheers from the crowd.
“I’m very grateful for your friendship, and a friendship that’s only strengthened over the course of the last year or so,” Newsom told Sisolak.
Book tour stop
The event, which served as a book tour stop for the California governor, was organized by the Nevada Democratic Party. It took place at Nevada Brew Works near Summerlin.
Nevada Assemblymember Daniele Monroe-Moreno, the state party chair running for North Las Vegas mayor, moderated the discussion.
It was part of the party’s Local Brews + National Views series that’s been bringing Democrats for similar discussions at intimate venues. Past speakers have included former President Joe Biden, Arizona U.S. Sen. Mark Kelly, and Illinois Gov. JB Pritzker.
Criticizing President Donald Trump, Newsom spoke about the immediate aftermath of the 2024 general election.
“We were handwringing, a lot of finger pointing, and a sense of weakness,” Newsom said. “And just incapable of dealing with this moment, this existential moment.”
He said he is taking account for what he described as his own complicity.
“This happened on my watch. This is all happening on our watch,” Newsom said. “And so I realized that I needed to be better.”
That included his advocacy to redraw California’s Congressional map after Trump called for the same in Texas, he said.
“They’re not screwing around, nor are we,” he said about Trump and his administration. “All of us.”
‘You’re giving us a voice’
Newsom spoke out against the surge of federal immigration enforcement operations in California and later Minnesota, calls from the Trump administration to nationalize elections, and cuts to government funding due to the One, Big, Beautiful Bill Act.
He said that pushback against Trump’s policies, including dozens of lawsuits filed by California, were making the president retreat on some of his proposals and policies.
“You’re filling the void, you’re giving us a voice, you’re giving us courage,” he told the crowd. “For things to change, we have to change. And it’s changing.”
The Republican National Committee reacted to Newsom’s Las Vegas visit. Earlier in the day, Newsom attended a private Boulder City event.
“Democrats are selling out to the spoiled, phony rich kid governor from California for years,” RNC spokesperson Nick Poche wrote in a statement. “President Donald Trump and Republicans are delivering major tax cuts and keeping Nevadans safe, unlike Democrats.”
The national Republican Party also criticized California’s policies, and tied them back to Nevada Democrats.
Most of Newsom’s remarks weren’t specific to Nevada. He didn’t take any questions from media.
Polling shows Newsom and Vice President JD Vance leading in hypothetical races for their parties’ nomination. That includes a survey of likely Nevada voters conducted one by Emerson College Polling in November.
Contact Ricardo Torres-Cortez at rtorres@reviewjournal.com. The Associated Press contributed to this report.
Nevada
Second annual Nevada Nordic Freeheel Festival celebrates Tahoe winter recreation at SnowFest
INCLINE VILLAGE, Nev. – It’s time to “free your heels” and embrace Tahoe’s winter recreation at the Nevada Nordic Freeheel Festival on March 7. Whether you’re a seasoned pro at cross-country skiing or snowshoeing, or you’re trying to get your feet wet, Saturday’s event is teeming with nature, brews, and camaraderie.
Travel North Tahoe Nevada (TNTNV) is teaming up with Nevada Nordic, Tahoe Multisport, Alibi Ale Works, UC Davis Tahoe Environmental Research Center, Nevada Division of Outdoor Recreation and other local partners in the wondrous Tahoe Meadows, providing attendees a chance to engage with outdoor recreation experts, check out free cross-country and snowshoe rentals, and more.
“We’re excited to see the Nevada Nordic Freeheel Festival enter its second year, building on last year’s strong community response. In collaboration with our local partners, this event is thoughtfully curated with residents in mind – offering free equipment for the day, expert instruction, locally crafted brews, and other experiences in a welcoming setting,” said Andy Chapman, President and CEO of Travel North Tahoe Nevada. “It’s designed to make it easy for residents to get outside, try something new, and bring people together. Events like this reflect the spirit of North Lake Tahoe and what’s possible when our community comes together.”
Along with opportunities to test out free demos and rentals, there will be live music, beer tasting and races.
Tahoe Meadows is known for its gentle trails, and is a popular spot for snowshoeing due to its flat terrain. This event, located near Chickadee Ridge, will offer stunning views of the surrounding mountains.
This family-friendly event is on the second to last day of the 10-day SnowFest winter festival that’s been taking place in the North Lake Tahoe area. It starts bright and early at 9 a.m. and will close out at 2 p.m.
“Nevada Nordic is thrilled to be a part of SnowFest again this year,” said Meghan Pry, Nevada Nordic Board Member. “We love sharing our passion for cross-country skiing and watching our community grow. We are proud to keep winter recreation accessible by offering free access to our 20km trail network. This is the perfect opportunity for our community to gather together and free our heels!”
For more information about the Nevada Nordic Freeheel Festival or to check out the SnowFest schedule, visit tahoesnowfest.org.
Nevada
Earthquake swarm rattles central Nevada near Tonopah along newly identified fault
A swarm of earthquakes has been rattling a remote stretch of central Nevada near Tonopah, including a magnitude 4.0 quake that hit near Warm Springs Tuesday morning.
Seismologists said the activity is typical for Nevada, where clusters of earthquakes can flare up in a concentrated area. “This is a very Nevada-style earthquake sequence. We have these a lot where we just see an uptick in activity in a certain spot,” said Christie Rowe, director of the Nevada Seismological Lab.
The latest magnitude 4.0 quake struck east of Tonopah near Warm Springs. The largest earthquake in the swarm so far has measured a 4.2.
What has stood out to researchers is the fault involved. Rowe said the earthquakes are occurring along a fault stretching along the southern edge of the Monitor and Antelope ranges — and that it was previously unknown to scientists. “We didn’t know this fault was there. It’s a new fault to us — not to the Earth, obviously — but it was previously unknown,” Rowe said.
For now, the earthquakes have remained moderate. Rowe said the lab would not deploy additional temporary sensors unless activity increases to around a magnitude 5 or greater.
Seismologists said they are continuing to watch the swarm closely as Nevada works to bring the ShakeAlert early warning system to the state. The program, already active in neighboring states, can send cellphone alerts seconds before shaking arrives. “For me, it’s a really high priority. That distance to the faults gives us enough time to warn people — and that can make a big difference in reducing injuries and damage,” Rowe said.
Seismologists encouraged anyone who feels shaking to report it through the U.S. Geological Survey’s “Did You Feel It” system, saying even small quakes can help scientists better understand Nevada’s seismic activity.
Experts said the swarm is worth monitoring but is not cause for alarm. They noted that earthquakes like the 5.8 that hit near Yerington in December 2024 typically happen in Nevada about every eight to 10 years, and said they will continue monitoring the current activity closely.
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