EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from disclosure. The case contained a strong endorsement of the right to anonymous speech online and set out a rigorous test for releasing the identities of John Does who were witnesses, rather than defendants. The test asks:
-Was the subpoena brought in good faith?
-Does the information relate to a core claim or defense?
-Is the identifying information directly and materially relevant to that claim or defense?
-Is the information available from other sources?
Please see full Defendant's Brief In Opposition below for more information.
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