Out-Law News

AOL ordered to reveal subscriber’s identity in defamation case


The Virginia Supreme Court has rejected AOL's appeal against a ruling of last year which ordered the ISP to disclose the identity of a subscriber accused of posting defamatory messages on an internet message board, according to Reuters.

The case against AOL was brought by electronics company Nam Tai Electronics in 2001. The company alleged that 51 unidentified individuals, including an AOL client, posted "false, defamatory and otherwise unlawful" messages on an internet message board, allegedly in violation of California's unfair business practices statute.

A California court issued a subpoena ordering AOL to disclose the details of its accused subscriber, but the ISP refused, arguing that the disclosure would be contrary to the First Amendment right to speak anonymously.

According to Reuters, however, the Virginia Supreme Court rejected AOL's motion and sided with the lower court's decision. AOL has 10 days to ask the court to reconsider its decision. If the Virginia Court still rules against AOL, the ISP has the right to appeal to the US Supreme Court.

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