Privacy Law Commons^™

Internet User Anonymity, First Amendment Protections And Mobilisa: Changing The Cahill Test, Kristina Ringland

Washington Journal of Law, Technology & Arts

The Arizona Court of Appeals recently developed a new test to determine whether an anonymous Internet poster’s identity should be revealed through a subpoena. While the First Amendment protects anonymous speech, this protection does not extend to defamation and other illegal behavior. Courts have balanced these two competing interests—protection of anonymous speech and revelation of a person’s identity via subpoena—by applying varying tests regarding the disclosure of an anonymous poster’s identity. The Arizona Court of Appeals, in Mobilisa, Inc. v. Doe, recently adopted a three-part test that incorporates elements from two, previously distinct lines of cases. This Article explores …