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

An unconstitutional law restricted "annoying" speech online. So this guy started Annoy┬Ěcom to challenge it. https://www.eff.org/deeplinks...

Feb 12 @ 3:41pm

Let's keep the pressure on Congress to vote no on the TPP. If you're in the US, take action: eff.org/notpp

Feb 12 @ 3:28pm

The Foilies submission deadline is Tuesday! Send us your FOIA horror stories for Sunshine Week. https://www.eff.org/deeplinks... #foiafriday

Feb 12 @ 9:58am
JavaScript license information