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A Doe subpoena is a subpoena that seeks the identity of an unknown defendant to a lawsuit. Most jurisdictions permit a plaintiff who does not yet know a defendant's identity to file suit against John Doe and then use the tools of the discovery process to seek the defendant's true name.〔Aaron E. Kornblum, (''Searching For John Doe: Finding Spammers and Phishers'' (pdf) ), Second Conference on Email and Anti-Spam (2005). Retrieved on 2009-03-15.〕 A Doe subpoena is often served on an online service provider or ISP for the purpose of identifying the author of an anonymous post. ==Legal process== Unmasking an anonymous online poster is a two-step process. First, the plaintiff must issue a subpoena to the hosting website requesting the IP address of the poster. Most websites collect and temporarily store the IP addresses of visitors in a web server log, although no U.S. law requires that they retain this information for any particular length of time.〔Bills proposed in both houses of Congress in February 2009 would require ISPs and wireless access points to retain records of IP addresses for two years. This proposal, if enacted, would not affect the retention policies of web hosting services, however. ''See'' 〕 If the website provides the poster's IP address, the plaintiff must then subpoena the ISP that owns the address. This second subpoena requests the contact information associated with the account of the computer to which the IP address was assigned at the time the post was made. Courts do not require the target of a subpoena to provide notice to the person whose identity is sought.〔''Id.'' at 346.〕 The hosting website is unlikely to notify the defendant, as it generally will not have access to contact information; subpoenas for IP addresses are therefore seldom subjected to legal challenge.〔''Id.'' at 328.〕 The ISP, however, may be required by law to notify its subscriber before revealing any personally identifiable information in connection with a subpoena.〔''See'' Statutory Limitations to Obtaining IP Addresses.〕 A defendant who does receive notice may file a motion to quash, which asks the court to block the subpoena and prevent the ISP from complying.〔''See'' (Citizen Media Law Project's Guide to Potential Legal Challenges to Anonymity ). Retrieved on 2009-03-15.〕 ISPs may also challenge Doe subpoenas on their customers' behalf, but they are not required to do so.〔Gleicher, ''supra'' note 1, at 345.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Doe subpoena」の詳細全文を読む スポンサード リンク
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