The Virginia Supreme Court recently affirmed a lower Court's ruling refusing AOL's motion to quash Nam Tai Electronics' subpoena for the identity of an AOL subscriber. Nam Tai filed a complaint in the Superior Court of the State of California against fifty-one unknown individuals alleging libel, trade libel, and violations of California's unfair business practice statutes. Allegedly, the anonymous defendants had posted, "false, defamatory and otherwise unlawful messages" on an Internet message board relating to Nam Tai's publicly traded stock. One of the defendants was an AOL subscriber. Accordingly, Nam Tai moved for, and obtained, a subpoena duces tecum against AOL for the identity of the anonymous subscriber. As AOL's principal offices are in Virginia, Nam Tai then moved for and obtained, from a Virginia Circuit Court, a foreign subpoena duces tecum. AOL subsequently moved to quash the subpoena arguing that it should not be required to reveal subscriber information as this would infringe on the First Amendment right to speak anonymously. The Circuit Court and subsequently the Supreme Court disagreed. Rather, in accordance with the principles of comity, the Supreme Court affirmed the Circuit Court's judgment enforcing the California court's subpoena. To review the judgment, visit: http://www.courts.state.va.us/opinion/1012761.doc

E-TIPS® ISSUE

02 11 07

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