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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"Shadow Regulation" deals aren't the way to address online problems. Our new infographic outlines a better approach. https://www.eff.org/deeplinks...

Sep 30 @ 2:50pm

Queens, NY! EFF will be at World Maker Faire at the NY Hall of Science this weekend. Come explore and say hi! #WMF16 http://makerfaire.com/new-york/

Sep 30 @ 1:26pm

What do you call it when companies make back-room deals to control Internet content? We call it Shadow Regulation. https://www.eff.org/deeplinks...

Sep 29 @ 3:14pm
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