Ask Me Help Desk - Chances of subpoena

Chances of subpoena

Hello,

Assume for a second that my email provider requires a subpoena before it will give the IP address of it's user in question. If the email that was sent wasn't threatening, how likely is it that there will be a subpoena that would allow the courts to force the email provider to hand over records?

For example, if it was just a user not liking the content of the email, could they get it pressed for a subpoena through the courts? The email was probably a little mean, but it wasn't vulgar or threatening.

As long as there was nothing illegal about the e mail there will be no subpoena. How ever there are ways to get your ip without all of that legal crap. Its probably be found in the e mail

Some email providers block out the IP address of their users in order to protect the user's privacy. Therefore the outgoing IP address of the email a private IP address owned by the mail provider.

Quote:

Originally Posted by notsurenow

Hello,

Assume for a second that my email provider requires a subpoena before it will give the IP address of it's user in question. If the email that was sent wasn't threatening, how likely is it that there will be a subpoena that would allow the courts to force the email provider to hand over records?

For example, if it was just a user not liking the content of the email, could they get it pressed for a subpoena through the courts? The email was probably a little mean, but it wasn't vulgar or threatening.

Really would need more info but if a Court decides the sender of the email is important to a matter a subpoena will be issued. In NYS the Police can also request a subpoena from the Court and I have never known a Court to refuse.

I've seen subpoenas issued for records in cases varying from estate to family court to criminal matters.

One person's idea of a little mean but not vulgar or threatening may not be the receipient's idea of the same thing - and then the Court decides.

Quote:

Originally Posted by eriknugent

as long as there was nothing illegal about the e mail there will be no subpoena. how ever there are ways to get your ip without all of that legal crap. its probably be found in the e mail

You are absolutely incorrect - if the name of the person sending the email is pertinent to a legal matter it can and will be subpoenaed - an email AGREEING with someone can be subpoenaed if it is pertinent.