Businesses are using Facebook fan pages and interactive ad campaigns to market their products and services on social media. One sided banner ads are making room for advertising that is more engaged with consumers. With this exchange of information also comes the risk of negative comments being posted that could be damaging to the company's brand.

And, in some instances, a business may believe that the comments by an anonymous consumer have gone beyond constructive criticism and have risen to the level of defamation or other actionable conduct. The business may want to pursue a legal action to try and put an end to the negative attacks on its products, or at least have some legal means to put the speech in context. For example, the anonymous mud slinger may be a disgruntled former employee or a marketing person for a competitor. And, the business wants to identify that person so its customers can put the negative reviews in context.

There is a legal means for businesses to try and identify the anonymous poster....