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This question is becoming increasingly important with the proliferation of blogs and Web postings for corporate criticism ' from wakeupwal mart.com to www.googlereallysucks.blogspot.com. And whether companies and their in-house counsel pursue actions against bloggers in these cases involves more than the usual assessment of opportunity costs and the pure business interests of the company. There are limits to the rights of companies to compel an Internet Service Provider (ISP) to reveal the name of its customer, particularly when the ISP customer wishes to remain anonymous. This article explores what the courts are requiring companies to show before they will call for an ISP to divulge a blogger's identity and provides some guidelines in evaluating whether to pursue such a strategy.
Typical Fact Pattern
Usually, these disputes arise from an anonymous Web posting or Web log (blog) including damaging comments about a company. The company, in an effort to stem the ill effects of the comments, particularly if they are false, sues the ISP to determine the blogger's identity. The ISP declines to identify the blogger either because of an internal policy or a demand or expectation of privacy by the blogger.
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