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?

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