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To: Q. who wrote (3189)7/30/1999 12:57:00 AM
From: Mighty_Mezz  Respond to of 7056
 
Click! Read! Relevant!
wired.com
here's the start:
===paste===

Unmasking Anonymous Posters
Oscar S. Cisneros

3:00 a.m.  29.Jul.99.PDT
A new legal trend has privacy advocates up in arms:
Attorneys are using subpoenas to unmask the identities of
anonymous posters to online discussion forums. And the
people whose identities are at stake rarely have the
chance to fight back.

Anonymous posters can seek to quash the subpoena and
preserve their anonymity, said David Sobel, general
counsel for the Electronic Privacy Information Center.
But first, they have to have notice that the subpoena has
been served.

See also: Not-So-Privileged Info

Without notice, "there's no one in the picture that's ready
to challenge the subpoena and bring it before a judge," he
said.

Since subpoenas in civil lawsuits typically do not require
a judge's stamp of approval, Sobel is concerned that
individuals and companies are filing bogus lawsuits just
to peel back the veil on a user's alias.

"Anyone can file a lawsuit," Sobel said. "You get a lawyer.
You file a lawsuit against John Doe. And suddenly you have
the authority to issue a subpoena."

Under their terms of service, many forum operators and
ISPs promise not to divulge their users' personal
information unless requested by a subpoena or court
proceeding, Sobel said. But not all forum operators
provide notice when a subpoena has been served.
===endpaste===
LOTS more at wired.com
Click! Read!