ISP ordered to disclose subscriber's identity

by NATING GROUP

Published on 01 Nov 2000 • Canada (Common Law)

iPrimus, one of Canada's largest

Internet Service Providers (ISP), was ordered by the Ontario

Superior Court to reveal the identity of a former subscriber to

the recipient of a number of abusive e-mails. Irwin Toy Limited

and the company president issued proceedings against an anonymous

"cyber-critic" who sent an allegedly defamatory e-mail to 73

employees and associates of Irwin Toy. Irwin Toy was able to

trace the e-mail to an internet protocol address, which enabled

them to ascertain that the sender was a subscriber of iPrimus.

When approached by Irwin Toy to reveal the name of the

subscriber, iPrimus refused to disclose the information but

confirmed that it would not oppose any application to court for

an order requiring it to disclose this information. The judge

held that there was sufficient evidence that a defamatory

statement had been made for Irwin Toy to receive the information

it required. He confirmed that, as far as he was aware, there was

no duty or obligation on an ISP under Canadian law to voluntarily

disclose the identity of an internet protocol address or to

provide that information on request. It was good public policy

that a degree of privacy should be given to a person's internet

protocol address. In his view, in future cases of this type the

plaintiff must be able to show a prima facie claim against

the anonymous cyber-critic before any information of this type be

disclosed by an ISP.

Source: Irwin Toy Ltd v Doe, [2000] O.J. no. 3318, 8th

September, 2000. Robbie Downing, Baker & Mckenzie

ISP ordered to disclose subscriber's identity | Practical Law