Non-ISP Lacks Standing To Challenge Party Seeking Identity Of Internet Poster

As computer users have embraced the apparent anonymity of the Internet, businesses who find themselves the targets of online disparagement have attempted to sue the responsible parties for defamation. To do so, they often bring third-party discovery against the Internet service provider (“ISP”) to reveal the identity of the account holder who posted the defamatory remarks.

In Matrixx Initiatives, Inc. v. Doe, No. H028699 (Cal. App. (6th Dist) Apr. 18, 2006), the court observed that in a typical such case, the anonymous party normally steps forward to oppose the disclosure of his or her identity, and clearly has standing to do so. In Matrixx, however, the plaintiff was able to trace users who posted allegedly defamatory comments on a Web site to a hedge fund called Barbary Coast Capital Management, and in a deposition the principal of that company refused to answer direct questions about the identity of the posters.

The California court held that the witness in this case had no protected interest in the matter and lacked standing to assert the First Amendment rights of the anonymous posters. The court ordered the witness to answer plaintiff’s questions.