Originally Posted by
Dan Druff
2) I take the user privacy on my forums very seriously. I will never give out personal information, email addresses, IP addresses, or anything else unless there is a court order or warrant to do so. I will not cooperate with any civil subpoenas for such info, and will fight any attempt to get such info this way. The only exceptions involve people who have credible allegations of having committed mid-level-or-worse crimes (including scamming), or those who have maliciously harassed or harmed me or this forum (trolling/bashing me doesn't count, nor does mundane breakages of forum rules resulting in a ban). For everyone else, I will fight very hard to keep personal info private.
While I have only had one similar case early in the life of the internet I am far from expert, but I submit the following purely for shits and giggles: I think it is "probably" accurate.
Let's say MDawg files a defamation action in KJ in California, and that he has the money to take it where ever it may lead.
His silk stocking attorney, a specialist in internet cases, issues a subpoena in the originating California court requiring you / your provider (if then known) to disclose info as to KJ's identity and location, i.e. his internet address, and also the identity of the host of your board, if not readily apparent.
MDawg's mouthpiece, clever barrister that he is, then follows the steps set forth in The Uniform Interstate Depositions and Discovery Act (UIDDA) to have a subpoena issued from a Nevada court.
How it works: An out-of-state attorney who has a valid subpoena from their home state can submit it to the clerk of a Nevada court to get a subpoena issued by that Nevada court. The Nevada court clerk then issues a local subpoena for service on the Nevada-based person or company.
The subpoena is then served.
Now here's where it gets murky for me: I don't know whether serving you and your host, standing alone, would allow the lawyer to learn KJ's actual physical address; if not then a new subpoena would be issued directing the entity (which you / your host would have to identify pursuant to the subpoena) which actually hosts KJ's internet account to provide his address for service of legal process.
The second subpoena, if needed, is then served.
Note: I doubt that your host / provider would dare to fight any valid civil subpoena: why would they care about your interest in protecting others?
The law is the law.
Failure to comply with a validly domesticated subpoena can result in consequences such as contempt of court, fines, or other penalties
Dan, I'm sort of "talking out my ass" on this one, but I think I've laid out how you cannot "protect" anyone once The Law comes calling; I apologize for any misstatements / errors made as this is NOT my forte: I retired years ago and had little experience in this field, just that one internet case.