Today, EFF took action in our latest representation aimed at protecting the anonymity of an online speaker. And in this case, for a slight change of pace, the at-fault litigant is a governmental entity.


Today, EFF filed a motion to quash the subpoena and for a protective order to prevent the Township from issuing similar subpoenas in the future. Oral argument is currently scheduled for December 21st.

This case offers a number of twists that set it apart from an "ordinary" Doe case, but one in particular is worth noting: even if the Township had some legitimate need for the identity of its vocal critic (which it does not), it is absolutely barred from using an ordinary discovery subpoena to obtain such identity-related information. The federal Stored Communications Act (18 USC §§ 2701-11) forces governmental entities to use other more restrictive procedures when they seek to uncover information stored with online providers, procedures that are subject to more intense court scrutiny. No matter how compelling the Township's justification, the law says that discovery subpoenas simply can't be used by the government for such purposes.

Will that inconvenient fact make any difference to the Township? Stay tuned.

For more information, see our Manalapan v. Moskovitz case page.