A subpoena can be issued when anonymous online activity is involved in a lawsuit, as a way to force internet service providers or companies like Google, Yelp, Yahoo, WordPress, or Twitter, to turn over an IP address, name, address, content, user history, or other personally identifying information, and reveal a user’s identity. The information sought by the subpoena is usually described somewhere on the document or on an attachment.
Subpoenas to Internet service providers and websites that provide reviews or discussion forums are commonly related to a lawsuit for defamation, libel, or copyright violations. The party issuing the subpoena is most likely seeking the information to name the user as a defendant or a witness in a lawsuit.
How to Fight a Subpoena
Users whose information has been subpoenaed may have the right to file a motion with the court to quash the subpoena. Time is of the essence, so users should consult an attorney as soon as they learn of the subpoena to determine the best course of action.
A note of caution: users who prefer to remain anonymous should not contact the lawyer who issued the subpoena (even though their contact information is provided on the subpoena), as doing so would reveal the sought-after personally identifying information the user is trying to protect.
FAQs Why did I receive a subpoena?
- Who is behind the subpoena?
- Can I fight the subpoena?
- What is a motion to quash?
- What should I do first?
- How much time do I have to respond?
- What if the motion to quash is denied?
Where can I learn more?
CASP – C.C.P. Sections 1987.1 and 1987.2 Quashing Subpoenas
EFF – Frequently Asked Questions for Subpoena Targets
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