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

Good news! In major policy shift, DOJ tells law enforcement agents: Want to use a Stingray? Get a warrant. https://eff.org/r.bbky

Sep 3 @ 5:30pm

DOJ saw the writing on the wall, will require a warrant to use 'Stingray' cellphone trackers: https://eff.org/r.fbd9

Sep 3 @ 4:38pm

Libraries and booksellers band together to support Wikimedia’s lawsuit against NSA. Read our brief: https://eff.org/r.49dp

Sep 3 @ 1:50pm
JavaScript license information