Finding Anonymous Wrongdoers - The e-commerce Context

Originally published in BLG's Technology Law Review, Summer 2007

How do you find out who has made an anonymous bulletin board posting? What if an unknown person has leaked a confidential e-mail to someone? There is a legal remedy which can help claimants find out who is responsible, and recent cases show just how it can be used in an online context.

It is not usually possible to sue a party just to obtain information from them. Although you can now apply to the court to obtain documents from a potential defendant before a substantive claim is brought, it has to be shown that such a claim is likely. However, as an exception to the general rule, the courts will make orders requiring innocent third parties to disclose documents or information where disclosure will throw light upon another party's wrongful act. To get such an order, three conditions usually need to be satisfied: