Boise, ID asked in Internet Law for Idaho

Q: Would objecting to a subpoena in a civil IP case help me in any way?

My phone company notified me that my IP address was identified in a subpoena in a civil intellectual property case; I have the option to object to the subpoena (thru Qwest, the phone company) before January 31st. What are the pros/cons of objecting? Does the fact that a subpoena was issued mean a civil trial is inevitable? The subpoena was filed in the US District Court for the Northern District of Illinois.

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1 Lawyer Answer

A: Objecting in your own name may be pointless if the purpose of the subpoena was to discover your identity. You could hire an attorney to do a John Doe objection to protect your identity while objecting. Main drawback is the effort and expense.

Not objecting almost guarantees that your phone records go to the requesting party. Cheaper, but it may lead to your being added to the lawsuit as a defendant.

if the purpose is something other than to discover your identity, then it is difficult to say whether objecting would frustrate those efforts sufficiently to be worthwhile.

Also, keep in mind that there is another option - have an attorney contact the requesting party and see if a deal can be made that would result in the subpoena being withdrawn.

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