Autoadmit Lititgation Update, a Continuing Series
Concurring Opinions:
In May, I blogged about a motion to quash a subpoena seeking information about an anonymous poster’s identity in the Autoadmit litigation. Although it briefly looked like Judge Droney might throw out the case on SMJ grounds, last week he denied the motion to quash, and let the lawsuit proceed (while denying defendant’s petition to continue to proceed anonymously). The decision makes all of the expected moves. I do think it odd that posters’ expectation of privacy could be vitiated by AT&T’s Internet Services Privacy Policy (which states that they will comply with discovery requests). This argument would suggest that there is never an expectation of privacy online - a result that I imagine Solove would find somewhat objectionable.
Curiously, in a motion filed Friday to extend the time to file their amended complaint to August 7, plaintiffs state that they “recently learned that the subscriber disclosed by AT&T is not John Doe 21 (”AK47″) but likely knows his identity.” In light the admissions in AK47’s pro se motion to quash, I’m left a little confused as to what is going on in the litigation. Also of interest, plaintiffs state that they are “close to identifying five additional pseudonymous defendants in the case. Specifically, Plaintiffs are in the process of scheduling a deposition with one pseudonymous defendant . . . Plaintiffs have discovered the identities of three additional pseudonymous defendants, and are very close to deciding whether to name these individuals as defendants.”