John Doe v., Inc.

Defendant's Brief In Opposition To Motion Of John Doe To Proceed Under Pseudonym


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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Published In: Constitutional Law Updates, Electronic Discovery Updates, Privacy Updates

Reference Info:Legal Memoranda: Discovery Motions | Federal, 9th Circuit, Washington | United States