Privacy in the context of litigation–Subpoenas–Anonymous posting and subpoenas–Anonymous subpoenas and the Sony standard

Andy Serwin writes:

While anonymous subpoenas regarding anonymous speech receive certain protections, in the peer-to-peer context courts apply a different standard.The main case on point involves Sony, and the Sony test has been expressed as requiring: (1) a concrete showing of a prima facie claim of actionable harm, (2) specificity of the discovery request, (3) the absence of alternative means to obtain the subpoenaed information, (4) a central need for the subpoenaed information to advance the claim, and (5) the party’s expectation of privacy. Sony Music Entertainment Inc. v. Does, 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (“defendants have little expectation of privacy in downloading and distributing copyrighted songs without permission.”).