Quote:
Originally Posted by Azure
First they have to get the actual IP addresses of the users.
Any legal court would be insane to release that information for THIS.
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It's possible to compel an ISP to release this information, albeit the test is somewhat onerous. In Canada, the test adopted by the Federal Courts to determine whether an ISP should be compelled to disclose the personal information of subscribers from their IP addresses is as follows:
(a) the applicant must establish a
bona fide claim against the unknown alleged wrongdoer; [this used to be a
prima facie case but on appeal, the standard was lowered somewhat]
(b) the person from whom discovery is sought must be in some way involved in the matter under dispute, he must be more than an innocent bystander;
(c) the person from whom discovery is sought must be the only practical source of information available to the applicants;
(d) the person from whom discovery is sought must be reasonably compensated for his expenses arising out of compliance with the discovery order in addition to his legal costs;
(e) the public interests in favour of disclosure must outweigh the legitimate privacy concerns.