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

FBI Director Comey will testify tomorrow before Congress about "going dark." We've preemptively busted all his myths. eff.org/r.9vdh

Jul 7 @ 4:55pm

We're hiring an activist. Here's why you should apply to this dream job: https://eff.org/r.shdh

Jul 7 @ 4:49pm

WIPO continues to edge closer to a disastrous treaty that would hand new copyright-like rights to broadcasters: https://eff.org/r.ul9a

Jul 7 @ 4:05pm
JavaScript license information