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 Reply Memorandum 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
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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