Out-Law News

US court orders ISP to reveal identities of e-mail campaigners


A New Jersey Superior Court judge has ordered America Online, the leading ISP in the US, to disclose the identities of three its subscribers who sent unsolicited e-mail messages to a US education board last month from three different e-mail addresses urging support for a local referendum. They sent around 60 identical messages to nearly 2,000 teachers and board employees.

The Judge said that the education board has a right to be free of “unsolicited bulk e-mail flooding its system" and that she needed to know who the senders were so she could order them to stop sending any further messages.

The e-mails urged support for a local referendum in elections last week that would have replaced the local elected school board with one appointed by the mayor. The e-mail campaign proved ineffective and the referendum measure was defeated.

Under the judge’s order, the individuals were restricted to no more than one message per day to any school board e-mail address.

The case differs from previous cases, where “spammers” have had their identities revealed under court order, because the unsolicited e-mails in the present case were non-commercial, their purpose being one of political lobbying.

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