Subpoena ISP to ID Blogger for Breach of Contract?

[racerblue]

What is the name of your state (only U.S. law)? Virginia

A company filed defamation lawsuit against an anonymous blogger.

Before the company subpoenaed the blogger’s ISP (to identify the blogger), the company dropped the lawsuit.

That case has past the statue of limitations for defamation (1 year).

The company suspects the author of the blog to be an ex-employee who signed a non-disparagement agreement with the company. But the company has no proof.

The company would now like to file another lawsuit against this blogger for the same old blog.

The company wants to file this new lawsuit for breach of contract and issue a new subpoena to the ISP. (5 year statue of limitations for brech of contract)

Can this Breach of Contact lawsuit issue a subpoena to the ISP to ID the Blogger?

(If so, a defamation claim to support the subpoena cannot be made because of the statue of limitations. There is currently no evidence to support the claim that the blogger is this ex-employee. Seems like a fishing expedition to me.)

 

[quincy]

What is the name of your state (only U.S. law)? Virginia

A company filed defamation lawsuit against an anonymous blogger.

Before the company subpoenaed the blogger�s ISP (to identify the blogger), the company dropped the lawsuit.

That case has past the statue of limitations for defamation (1 year).

The company suspects the author of the blog to be an ex-employee who signed a non-disparagement agreement with the company. But the company has no proof.

The company would now like to file another lawsuit against this blogger for the same old blog.

The company wants to file this new lawsuit for breach of contract and issue a new subpoena to the ISP. (5 year statue of limitations for brech of contract)

Can this Breach of Contact lawsuit issue a subpoena to the ISP to ID the Blogger?

(If so, a defamation claim to support the subpoena cannot be made because of the statue of limitations. There is currently no evidence to support the claim that the blogger is this ex-employee. Seems like a fishing expedition to me.)

In order for a court to issue a subpoena, there must be sufficient evidence to support the issuance.

In the case of online defamation, a party must first file a defamation suit against a John Doe defendant. A court will assess the evidence (the defamatory content appearing online) and only after this preliminary assessment will the court issue a subpoena to unmask the identity of an anonymous poster, so the suit can proceed.

There is no evidence, however, that can support the unmasking of an anonymous blogger for breach of contract. What was written by the anonymous blogger does not on its own breach any contract. There must first be evidence that the anonymous blogger is the ex-employee.

In other words, it seems unlikely to me that a court will issue a subpoena on an ISP for disclosure of the account information of an anonymous blogger based only on a suspicion that the anonymous blogger is the ex-employee.

I suggest you (whoever you happen to be in this scenario) review all facts personally with an attorney in your area.