How to Unmask the Anonymous Speaker

To hide their true identity online, defamers employ a variety of fraudulent and deceptive techniques, such as providing false contact information to registering websites and providing stolen credit card information. Determining the true identity of the person who is providing the defamatory content can therefore be challenging.

In most jurisdictions, a defamed person may file a “John Doe” complaint against a defendant whose identity is unknown at the time of the filing of the complaint. The plaintiff may simultaneously attempt to determine the defendant’s true identity. After filing a John Doe suit, the plaintiff may seek the court’s permission to issue subpoenas to third parties, such as internet service providers (ISPs), payment processors, domain name registrars, e-mail service providers and website hosting companies, which may be in possession of information that can identify the true defendant. Once such authorization is granted, the plaintiff may serve subpoenas on these third parties. Upon receiving responses to the subpoenas and identifying the defendant, the plaintiff may amend its complaint to identify the true defendant(s) and then continue to pursue its claim.

The process of “unmasking” the anonymous speaker on the web is multifaceted. Additionally, while most jurisdictions allows for such suits, not all do, and each state has its own standards as to what must be alleged in order to uncover the identity of the anonymous speaker. Hinshaw attorneys can assist in identifying anonymous speakers and determine the applicability of such suits in the subject state.