Volume III

Issue : 6: March 24, 2005

• French Court of Appeal Rules on Downloading
• U.S. Banks May Have to Warn Customers of Suspected Identity Theft
• Ongoing U.S. State-Federal Dispute over Internet Gambling
• French News Service Sues Google
• Michigan Court of Appeals Finds Union Owes Duty to Protect Employees from Identity Theft
• Google Loses Appeal in French Trademark Case
• Maine Court Rules on Identifying Anonymous Internet Users

Home > Volume III > Issue 6: March 24, 2005 > Maine Court Rules on Identifying Anonymous Internet Users

Maine Court Rules on Identifying Anonymous Internet Users

The Maine Supreme Judicial Court considered the right of a plaintiff to enforce a subpoena to identify an anonymous Internet user who injured the plaintiff by misappropriating his identity. The plaintiff, Ronald Fitch, alleged that the anonymous user had misappropriated his identity, violated his privacy, portrayed him in a false light, inflicted emotional distress and committed fraud by sending e-mail messages that purported to have been sent by Fitch. The Court ruled in favour of Fitch and held that the defendant's Internet service provider was permitted to release the identity of the defendant in response to a valid court order so long as it gave notice to the defendant. In its decision, the Court acknowledged that the defendant may have raised a First Amendment claim but was prevented from doing so before the Court since the issue was not raised in the trial court.

For a copy of the decision, visit:

http://www.courts.state.me.us/opinions/2005 documents/05me39fi.htm