Doe v. 2TheMart.com

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?

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Snowden's legacy grows in South America: Brazil’s crypto movement marches on. https://eff.org/r.a7l1

Apr 27 @ 2:51pm

After 8 years, our dancing baby case is dancing to court: oral arguments in Lenz v. Universal scheduled for July 7 in San Francisco.

Apr 27 @ 2:51pm

Obama claims TPP critics don't know what we're talking about—while his administration keeps the entire deal secret. https://eff.org/r.q5w5

Apr 27 @ 2:40pm
JavaScript license information