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Subpoena for an IP Address Over Copyright Infringement

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  • 02-01-2016, 05:51 AM
    HelpNeeded23
    Subpoena for an IP Address Over Copyright Infringement
    Your Ip Address has been subpoenaed for something that happened a year ago but you ISP only holds IP records for 6 months? Is there anyway for the group who subpoenaed for the info to get my information if the ISP no longer has that time frame on record?

    I don't know if I am posting this in the right spot and thank you to anyone who can answer these questions for me.
  • 02-01-2016, 06:17 AM
    free9man
    Re: What Happens When,,,,,,,
    Have you received notification of such a subpoena? Your ISP should advise them they no longer have those records if they don't actually have them. The issue I see for you if you have received notification of this, is how did the ISP know who to forward that to if they don't know who had a particular IP address due to no longer having records?
  • 02-01-2016, 06:36 AM
    HelpNeeded23
    Re: What Happens When,,,,,,,
    I have not received a letter from my ISP but I know that they have been subpoenaed for my IP address for an incident that happened about a year ago. On my ISP's website they state they hold IP history logs for around 180 days so I am trying to find out what could happen if the group who subpoenaed for my IP address does not get that info from my ISP, does everything stop there or is there any other option for them.
  • 02-01-2016, 07:05 AM
    free9man
    Re: What Happens When,,,,,,,
    How do you know they have been subpoenaed? Is it part of an ongoing court action against you?

    No, everything does not necessarily stop there but we don't enough facts to say what else might be done.
  • 02-01-2016, 07:33 AM
    HelpNeeded23
    Re: What Happens When,,,,,,,
    I found out through my local clerk of courts website. I am just trying to find out what other options will be available to the group trying to get that info if my ISP tells them they no longer have my information for that time frame on file.
  • 02-01-2016, 07:46 AM
    free9man
    Re: What Happens When,,,,,,,
    I'm not a dentist. Why were you searching for it in the first place? It seems rather odd to waste one's time checking the CoC site to discover if their IP has been subpoenaed. That is normally something that happens during a lawsuit. If it was a John Doe lawsuit, what made you go check for that information?

    Depending on what the underlying action is, the lack of your IP address may or may not render a suit unable to be continued. If they know who you are, they may next try and subpoena your electronic devices to check them for evidence of whatever you did.
  • 02-01-2016, 07:47 AM
    adjusterjack
    Re: What Happens When,,,,,,,
    Quote:

    Quoting HelpNeeded23
    View Post
    I found out through my local clerk of courts website.


    Has a lawsuit been filed against you?

    Have you been served with a summons and complaint?

    What does the complaint allege you to have done?

    How much money are you being sued for?

    If you don't know the answers to those questions I suggest you go to the courthouse and get copies of everything in the case file so you can figure out how to handle this.

    Subpoenas generally don't get filed until after a lawsuit is filed so you may need to be more concerned with filing an answer within the limited amount of time that you will be given after you get served.

    The Plaintiff may have enough on you so that getting the IP address would be nice but not necessary.
  • 02-06-2016, 12:58 PM
    HelpNeeded23
    Re: What Happens When,,,,,,,
    Can you be considered judgment proof in a civil lawsuit such as this one?
  • 02-06-2016, 01:13 PM
    jk
    Re: What Happens When,,,,,,,
    Quote:

    adjusterjack;935680]Has a lawsuit been filed against you?

    Quote:

    Subpoenas generally don't get filed until after a lawsuit is filed so you may need to be more concerned with filing an answer within the limited amount of time that you will be given after you get served.
    when a john doe suit is filed it allows the plaintiff to utilize the powers of the court (subpoena) to demand the name and address associated with the IP address.
    Once they obtain the name, they amend the complaint and then the defendant would be served.

    If there is no record of the IP address being tied to the OP, the path stops there. That is the only means to associate the user with the issue in question.
  • 02-06-2016, 02:33 PM
    Mercy&Grace
    Re: What Happens When,,,,,,,
    If there were no records for that time frame, that doesn't necessarily mean that the IP can't be connected to the OP, does it ? Erasing/deleting info from electronic devices doesn't get rid of all of the info.
  • 02-06-2016, 02:39 PM
    jk
    Re: What Happens When,,,,,,,
    If the isp has it available, the subpoena will be answered with that info. If not, then so sorry Charlie. The ISP is not going to be required to perform a forensic analysis of all the servers the data may be on. If it was a serious criminal investigation it may be a different story but for this; don't see it happening.
  • 02-06-2016, 07:28 PM
    BooRennie
    Re: Subpoena for an IP Address Over Copyright Infringement
    Quote:

    Quoting HelpNeeded23
    View Post
    Your Ip Address has been subpoenaed for something that happened a year ago but you ISP only holds IP records for 6 months? Is there anyway for the group who subpoenaed for the info to get my information if the ISP no longer has that time frame on record?

    I don't know if I am posting this in the right spot and thank you to anyone who can answer these questions for me.

    It depends on how many packets they caught. If they've caught one, they've got the MAC address of the system that sent it.
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