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Strategies & Market Trends : Banned.......Replies to the A@P thread. -- Ignore unavailable to you. Want to Upgrade?


To: olivier asser who wrote (3792)5/4/2005 12:21:47 PM
From: ravenseye  Read Replies (4) | Respond to of 5425
 
Here is more to see about THE RIGHT TO SPEAK ANONYMOUSLY REQUIRES PROTECTION AGAINST UNWARRANTED INVASION versus Securities litigation concerning alleged criminal activity....

In re 2TheMart.com, Inc. Securities Litigation
In a precedent-setting ruling, a federal court in Seattle upheld the right to speak anonymously on the Internet. U.S. District Court Judge Thomas Zilly quashed a subpoena seeking to force an Internet service provider to disclose the identity of persons who spoke anonymously on an Internet message board. The decision was the first in the country to address the standard for compliance with a subpoena where the "J. Doe" (who used the pseudonym NoGuano) was not a party to the case, and no allegations of liability against Doe had been made. The court held that the identities would not be turned over unless (1) the subpoena was issued in good faith and not for any improper purpose; (2) the information sought relates to a core claim or defense; (3)the identifying information is directly and materially relevant to that core or defense; and (4) information sufficient to establish or disprove that claim or defense is unavailable from any other source.

InfoSpace Brief2.pdf
cyberslapp.org

2TheMart Opposition to Quash.cfm
cyberslapp.org

2TheMart Quash Memorandum.cfm
cyberslapp.org

2TheMart Reply Memo to Quash.cfm
cyberslapp.org

cyberslapp.org