If someone wants to discover the identity of someone who posts to a website anonymously or emails to others anonymously, court subpoenas are often the most effective tools for obtaining this information. However, courts must balance, on the one hand, the rights of companies who have been defamed or otherwise injured, against, on the other hand, the First Amendment and other rights of people posting or emailing over the Internet anonymously.
When a subpoena is issued in an attempt to identify an anonymous Internet actor, the anonymous party can file a Motion to Quash a Subpoena, relying upon First Amendment and other constitutional and statutory grounds. The anonymous party may also file his or her Motion to Quash anonymously, and if the Motion to Quash is granted, the anonymous party remains anonymous.
Kronenberger Burgoyne has handled countless subpoenas in this area of anonymous
Internet activity, and we would be happy to discuss our experience and how
we could help you in your matter. Please call us at (415) 955-1155, ext. 120,
or submit your matter using our free online
case submission form.
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