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

Thanks to the digital rights heroes around the world powering up EFF—your donations have 2X the impact this week! https://eff.org/powerup

Dec 2 @ 6:20pm

EFF stickers at the Lucas Film campus in San Francisco's Presidio. #EFFintheWild https://eff.org/powerup

Dec 2 @ 5:26pm

Old border rules give federal agents free rein to rifle through our phones without warrant, says EFF's @scopesetic
http://www.nytimes.com/2016/1...

Dec 2 @ 4:55pm
JavaScript license information