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ISP ordered to disclose subscriber's identity
Practical Law UK Legal Update 3-101-3180
(Approx. 2 pages)
ISP ordered to disclose subscriber's identity
by NATING GROUP
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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