why hasn't his ISP been subpoenaed?
If FA wanted his identity, the proper procedure was to file a Doe suit and begin sending subpoenas to his ISP/proxies.
Unless he was smart enough to bounce around on proxy servers (which he probably wasn't until things started to heat up), his IP address will probably resove to an ISP.
He was using proxies. But there are ways to track people through proxies and back to the original ISP. About the only way he could have completely escaped detection, is by using a public facility, such as a library. Many libraries are starting to require photo ID when using their pcs though, so that option for avoiding detection is quickly disappearing. Besides, IAAL posts too often to have been using a public facility.
Anyway, just curious if this step had been taken. If anything, the RIAA and MPAA's subpoenas only go to demonstrate how easily most ISPs will roll over as soon as they're served.
Some ISPs give up the info with very little trouble and don_t even notify their customer that they have done so.
Other ISP_s have a strict policy of protecting their customer. AOL is the leader in protecting user anonymity and this is a key marketing angle for them. AOL and other ISPs like them, notify the customer that someone is asking for identifying info and ask if the customer objects to the request.
If the customer objects to the request, these ISPs will move for a protective order or to quash the subpoena. The plaintiff will only be able to get the identifying info if he can convince the Court that the underlying lawsuit has sufficient merit to warrant the exposure of the defendant.
RIAA and MPAA had to first determine what type of evidence a Court would require to honor their subpoenas. Once that was determined, they were able to proceed with multiple subpoenas because each case was the same. Copyright infringement is fairly straightforward compared to issues involving speech, each of which is unique.
If you use cable internet like I do, there is not a static IP address to follow. My IP address freqently is shown from a city over 200 miles from where I live. Add a good firewall that provides ghost IP's, it make make someone almost invisible.
Racer you are talking about making it hard for an individual to track your location. It's a good way to keep other users from identifying you, but if someone subpoenas your cable provider it won't matter what IP number you were given.
I don_t think FA has a sufficient cause of action to justify unmasking IAAL. I think (assuming he admits to writing all of the posts that he is accused of writing) they will get their injunction and maybe a declaratory judgment that he repeatedly violated the TCOU. Aside from that, I believe all other claims will be easily dismissed.
, he's proxying his connection.