I Know What You Downloaded Last Summer: Disclosure Of Internet User Identity

A recent decision of the Federal Court of Canada has provided further guidance on how the court will attempt to safeguard the privacy rights of Internet users when confronted with a request for disclosure of a user's contact information.

In Voltage Pictures LLC v. John Doe and Jane Doe, the court grappled with a motion for discovery of a non-party to the litigation. This type of order, often referred to in Canada as an equitable bill of discovery or a Norwich order, allows the party seeking the order to gain pre-litigation discovery from a party that may otherwise be unavailable for discovery. Oftentimes, the third party is not opposed to providing the information requested, but will only agree to do so if compelled by law; hence the need to obtain a Norwich order.