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To: The Philosopher who wrote (6753)7/7/1999 8:25:00 PM
From: Phil(bullrider)  Respond to of 32871
 
CH,

Did you know that a lawyer on his own initiative without any approval from any judge or court can issue a valid subpoena?

In that case, I really feel that SI should hold member identities a lot "closer to the vest".

Have fun,
Phil



To: The Philosopher who wrote (6753)7/7/1999 9:15:00 PM
From: LTK007  Read Replies (1) | Respond to of 32871
 
<<Did you know that a lawyer on his own initiative without any approval from any judge or
court can issue a valid subpoena?>> No I did not---this is getting pretty creepy,really creepy.
Max90



To: The Philosopher who wrote (6753)7/7/1999 9:38:00 PM
From: HairBall  Read Replies (1) | Respond to of 32871
 
Christopher Hodgkin: Did you know that a lawyer on his own initiative without any approval from any judge or court can issue a valid subpoena?

Well if a lawyer did draw up his own subpoena, said lawyer would be unable to enforce compliance.

Regards,
LG



To: The Philosopher who wrote (6753)7/7/1999 9:41:00 PM
From: Peter V  Read Replies (1) | Respond to of 32871
 
Subpoenas carry the penalty of contempt of court is not complied with.

yes, but you can challenge them and hopefully get them cancelled (quashed). But you have to do so BEFORE SI turns over the information. You may not be successful in quashing the subpoena, but I'd sure as hell try.

Did you know that a lawyer on his own initiative without any approval from any judge or court can issue a valid subpoena?

Absolutely true. Which is why the SI policy of complying with every subpoena without notice to the posters involved is so scary. It is incredibly easy to file a suit, issue a subpoena, and get everyone's real identity.

It should not be so easy, and SI should give posters notice so that they can attempt to prevent the release of the information. I'm sure SI doesn't really want to do this as it complicates their lives, but given the absolute SI Term of Use that every poster's real identity is sacred, it's the least they could do.



To: The Philosopher who wrote (6753)7/9/1999 12:04:00 AM
From: David Lawrence  Read Replies (2) | Respond to of 32871
 
>>Did you know that a lawyer on his own initiative without any approval from any judge or court can issue a valid subpoena?

That is true. However, we have never responded to a subpoena requesting what we would consider to be confidential information without getting either the target's approval or a judge's signature. Never had any adverse consequences, either. You're mileage may vary.