To: TideGlider who wrote (219 ) 1/23/2002 10:22:10 PM From: Janice Shell Read Replies (6) | Respond to of 1136 A pair of interesting documents. Another of the attorneys involved in the Washington matter has told me that neither is privileged or confidential. He further told SI that we'd want to post them, and SI said "Fine". ------ UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE RICHARD MARCHESE, Plaintiff v. GARY DOBRY, Defendant. NO. 00 C 5606 (Northern District of Illinois OBJECTION TO SUBPOENA IN A CIVIL CASE InfoSpace, Inc. hereby objects to the subpoena served on it in the above matter on the ground that it is premature and the defendant lacks standing to serve it. Pursuant to Doe v. 2TheMart.com, Inc., 140 F. Supp. 2d 1088 (W. D. Wash. 2001), a party may not issue a subpoena seeking to identify anonymous Internet users until such time as the party has satisfied a four-factor test and obtained a court order permitting such a subpoena. Because defendant has not satisfied the four-factor test and obtained a court order, defendant lacks standing to serve the subject subpoena, which is premature. InfoSpace, Inc. will comply with any court order issued on this subject and will not oppose any effort by defendant to obtain such a court order. --------- January 23, 2002 VIA FACSIMILE AND U.S. MAIL Tobin M. Richter, Esq. 53 West jackson Boulevard, Suite 560 Chicago, Illinois 60604 Re: Marchese v. Dobry Dear Mr. Richter: This firm represents Infospace, Inc. and has been asked to respond to your subpoena to silicon Investor in the above matter. Enclosed please find InfoSpace Inc.’s objection to your subpoena. It is the law of this district that no subpoena seeking to identify anonymous Internet users can be served unless the subpoenaing party has obtained a court order authorizing such a subpoena. This was the recent holding in Doe v. 2TheMart.com, Inc., 140 F. Supp.2nd 1088 (W.D. Wash. 2001). In this case, you apparently have not obtained such a court order nor have you provided InfoSpace, Inc. with information that would satisfy 2TheMart.com’s four-part test for entitlement to such information. As a result, InfoSpace, Inc. is not in a position to assess your entitlement to the requested information and is unable to provide the requested information in the absence of a court order directing it to do so. Please feel free to call me if you have any questions. Very truly yours, [signed] Brent Snyder Enclosure Cc: Laraine M. Ward