The case concerns an e-mail received by Maine resident Ron Fitch
last Christmas. The e-mail, sent from an account opened in Fitch's
name, contained a cartoon attachment showing Fitch, his wife and
their late St Bernard dog, says Associated Press.
It was also forwarded to various residents of Ron Fitch's
hometown – the historic and beautiful Great Diamond Island, just
off Portland.
No one owned up to sending the e-mail and so Fitch took the
matter to court, filing what is known as a 'John Doe' lawsuit,
which allows a case to proceed even when the identity of the
defendant is not known. According to AP, Fitch is claiming that
John Doe has committed identity theft and fraud and is seeking
compensation.
Part of the suit has focused on identifying John Doe through his
e-mail account. ISPs can be subpoenaed to identify who owns
accounts operated by them. Time Warner was asked to supply these
details.
Time Warner informed John Doe that the request had been made.
John Doe is now fighting to protect his identity, arguing that to
release his details would be a breach of his right to privacy and
anonymity.
John Doe's lawyer, George Marcus, told AP, "We have a great
tradition in this country of the anonymous publication of works,
going back to Benjamin Franklin and 'Poor Richard's Almanac'".
"Congress has said that we're going to protect privacy. As long
as someone is not committing a crime, they deserve to keep their
anonymity," he added.
The Cumberland Superior Court does not appear to agree with him,
ruling in May that John Doe's identity should be revealed.
"There is absolutely no indication that Congress was seeking to
prevent disclosure of persons who are alleged to have committed a
form of identity theft by sending e-mails under false names," said
the judgment.
John Doe has appealed to the Maine Supreme Court.
