Doe Subpoena - Legal Process

Legal Process

Unmasking an anonymous online poster is a two-step process. First, the plaintiff must issue a subpoena to the hosting website requesting the IP address of the poster. Most websites collect and temporarily store the IP addresses of visitors in a web server log, although no U.S. law requires that they retain this information for any particular length of time.

If the website provides the poster's IP address, the plaintiff must then subpoena the ISP that owns the address. This second subpoena requests the contact information associated with the account of the computer to which the IP address was assigned at the time the post was made.

Courts do not require the target of a subpoena to provide notice to the person whose identity is sought. The hosting website is unlikely to notify the defendant, as it generally will not have access to contact information; subpoenas for IP addresses are therefore seldom subjected to legal challenge. The ISP, however, may be required by law to notify its subscriber before revealing any personally identifiable information in connection with a subpoena.

A defendant who does receive notice may file a motion to quash, which asks the court to block the subpoena and prevent the ISP from complying. ISPs may also challenge Doe subpoenas on their customers' behalf, but they are not required to do so.