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

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Flirt4Free Co-Founder Gregory Clayman Passes Away

Gregory Clayman, a pioneering figure in the live cam sector and cofounder of the long-running webcam platform Flirt4Free, has passed away.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

ASACP Announces F2F as 1st Gold Sponsor

The Association of Sites Advocating Child Protection (ASACP) has announced Friends2Follow (F2F) has upgraded its sponsorship and become the organization’s first Gold Sponsor.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Segpay Adds 'Pay by Bank (UK)' Payment Solution

Segpay has added the Pay by Bank (UK) option to its direct payments solutions.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

Creator Verification Platform 'VerifiedCollab' Launches

Performer Eli Thomas has launched VerifiedCollab, a verification platform for creators and producers.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Show More