Law Firm Shows Ignorance of the Law in Anonymous Emailer Case
EFF Sends Letter of Protest to Shearman & Sterling Over Subpoena to Craigslist San Francisco, CA - When an employee of San Francisco law firm Shearman & Sterling received an email from an anonymous person who seemed to be a disgruntled subordinate, he didn't hit the delete button. Instead, his firm subpoenaed craigslist, a community bulletin board where the email first appeared as a posting, in order to discover the identity of the "Jane Doe." The firm justified its actions by arguing that the alleged employee's email was a form of "trespass" on Shearman's computer systems. The implication of this claim is far-reaching. Contradicting binding precedent, Shearman proposes a rule that would mean anyone who sends an email faces legal liability. It would allow email recipients to track down anonymous correspondents simply to punish them for being annoying or offensive. The Electronic Frontier Foundation (EFF) has written an open letter to Shearman urging it to drop the subpoena. "The Constitution does not permit subpoenas for identity just because someone was upset," said EFF staff attorney Kurt Opsahl. "While it is unfortunate that a Shearman employee received an offensive email message, Shearman cannot manufacture a cause of action out of thin air just so it can unmask an anonymous speaker." In its letter, EFF reminds Shearman of the long tradition of US courts protecting anonymous speech, and argues that the law firm has demonstrated no legal cause of action because it did not show how receiving a single email message caused harm. Indeed, the California Supreme Court ruled two years ago that sending an email is not a form of trespass (see Intel v. Hamidi). Open letter: http://www.eff.org/Privacy/Anonymity/OpenLetterShearman.pdf More information on Intel v. Hamidi: http://www.eff.org/spam/Intel_v_Hamidi/ For this release: http://www.eff.org/news/archives/2005_04.php#003514 About EFF The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression and privacy online. EFF is a member-supported organization and maintains one of the most linked-to websites in the world at http://www.eff.org/ You are a subscribed member of the infowarrior list. Visit www.infowarrior.org for list information or to unsubscribe. This message may be redistributed freely in its entirety. Any and all copyrights appearing in list messages are maintained by their respective owners.
