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How to Obtain Subpoenas for Identifying ISP Users
Federal law generally prohibits Internet service providers (ISPs), i.e., "cable operators," from disclosing personally identifiable information concerning a subscriber without the prior written or electronic consent of the subscriber. Moreover, under the law, ISPs must "take such actions as are necessary" to prevent unauthorized access to a subscriber's personally identifiable information by a person other than the subscriber or the cable operator. See, 47 U.S.C. §551(c)(1). An ISP, however, may disclose a subscriber's personally identifiable information in a number of specific circumstances, including pursuant to a court order authorizing the disclosure. See, 47 U.S.C. §551(c)(2)(B).
Plaintiffs in an increasing number of lawsuits filed in federal district courts in New York, the busiest jurisdiction for copyright infringement litigation, are relying on that provision to seek court orders requiring ISPs to disclose subscribers personally identifiable information soon after such plaintiffs file their actions against anonymous "John Doe" defendants. The goal: to learn the names and addresses of those defendants and, therefore, to be able to serve them with the complaints.
This article focuses on a recent federal court decision, among a number of these decisions, to explain how the well-developed law in this area provides plaintiffs asserting a wide range of claims with the ability to proceed while protecting ISPs and, correspondingly, how it ultimately means that defendants who otherwise could remain anonymous may have to defend themselves in court.
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