ISPs Can Be Sued for Releasing Data Without Signed Warrant

ALEXANDRIA, Va. — An Internet service provider’s disclosure of a subscriber’s personal information is legally “intentional” if the act of releasing the information was deliberate and not merely inadvertent, a federal court has ruled.

The ruling is significant because it opens ISPs to civil liability when they reveal personal information on Internet users and businesses without a signed warrant.

The U.S. District Court for the Eastern District of Virginia held July 15 that America Online Inc.’s release of personal data information to law enforcement officials, in response to a faxed warrant application that had not been signed by a judge, could subject AOL to civil liability under the Electronic Communications Privacy Act.

AOL released the name, address, phone numbers, screen name, along with other information about the use of AOL services, to two detectives in Fairfield, Conn., who were probing the origin of an allegedly threatening email message.

That message, which was made by GoMaryGoAway@aol.com, was sent to several local political activists and stated, “The end is near.”

Police detectives preparing a warrant application set out their belief that the person who sent the email was engaged in unlawful harassment.

Both detectives signed the warrant application and a signature line designated with “Signed (judge of the superior court)” was left blank.

A judge’s signature does not appear anywhere on the warrant application.

AOL received the warrant application by fax and forwarded it internally to its legal department, where an AOL compliance and fraud investigator concluded that the warrant was valid.

That investigator faxed the subscriber information to the detectives.

Several months later, the subscriber filed a lawsuit against AOL, the detectives involved in the warrant application and the city, alleging a violation of the Electronic Communications Privacy Act.

The AOL subscriber contended he suffered damage to his reputation and business, as well as emotional distress, after his political opponents, who received the information from the detectives, threatened to send the email to the local newspaper.

The case is Freedman vs. America Online Inc., No. 04-CV-475 ‘

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

'Studio Vanniall' Launches Through PAYSITE

Vanniall's official website StudioVanniall.com has launched through PAYSITE.

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

YourVids Launches Customizable Subscription Feature for Creators

YourVids has rolled out YourFans, a service that allows creators to design customizable subscription tiers, from which they receive 100% of the revenue.

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the upcoming release of the first feature-length title from her new production company.

Adult Game Fest Announces Nominees for Inaugural Awards Show

Organizers of the inaugural Adult Game Fest virtual trade show have announced the nominees for their inaugural awards ceremony, taking place Saturday, Sept. 26, at 5 p.m. (PDT).

Byborg Enterprises Joins Pineapple Support as Sponsor

Byborg Enterprises has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act.

Show More