Shari Claire Lewis Subpoenas to ISPs Can Override Anonymous Defendants' Privacy Interests
In this edition of her Internet Issues/Social Media column, Shari Claire Lewis examines a recent federal court decision which provides plaintiffs asserting a wide range of claims with the ability to proceed while protecting ISPs—and, correspondingly, how it ultimately means that defendants who otherwise could remain anonymous may have to defend themselves in court.
December 20, 2021 at 12:45 PM
9 minute read
Federal law generally prohibits Internet service providers (ISPs), i.e., "cable operators," from disclosing personally identifiable information concerning a subscriber without the prior written or electronic consent of the subscriber. Moreover, under the law, ISPs must "take such actions as are necessary" to prevent unauthorized access to a subscriber's personally identifiable information by a person other than the subscriber or the cable operator. See 47 U.S.C. §551(c)(1).
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