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Doe v. 2themart.com Inc.
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Doe v. 2themart.com Inc. : ウィキペディア英語版
Doe v. 2themart.com Inc.

''Doe v. 2themart.com Inc.'' 140 F. Supp. 2d 1088 (2001), was a federal case decided by United States District Court for the Western District of Washington, on the issue of an individual's First Amendment right to speak anonymously on the Internet and a private party's right to disclose the identity of the anonymous Internet user by enforcing a civil subpoena. The court held that 2TheMart.com (TMRT) failed to show that the identities of these anonymous Internet users were directly and materially relevant to the core defense in the litigation, and thus the subpoena should not be issued. Therefore, Doe's motion to quash the subpoena was granted.
==History==
In a previous case, the shareholders of 2TheMart.com (TMRT) brought a class action against the company, alleging fraud on the market. To establish a defense that the defendant did not cause any injury to the plaintiff, TMRT issued a subpoena to the tech stock discussion website Silicon Investor and its then owner InfoSpace, Inc. (InfoSpace) on which TMRT has an Internet bulletin board, seeking to obtain the identities of twenty-three users who have posted on the TMRT bulletin board unfavorable messages about the company. InfoSpace Informed these users of receipt of the subpoena. One of the users moved to quash the subpoena under a pseudonym John Doe (Doe), alleging that enforcement of the subpoena would violate his or her First Amendment right to speak anonymously. This motion to quash is the subject of the present case.
This motion to quash raised an important issue on the First Amendment right of an Internet user, that is, whether and on what basis can a private party seek to discover the identity of anonymous Internet users through the enforcement of a civil subpoena?

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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