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

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

VirtualRealPorn Launches New WebXR Site

VirtualRealPorn has officially launched its new site, powered by Web Extended Reality (WebXR).

'MyAsianGFs' Launches Through Paysite.com

MyAsianGFs.com has officially launched through Paysite.com.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Ofcom Fines 8579 LLC $1.8 Million for AV Noncompliance

U.K. media regulator Ofcom on Monday imposed a fine of 1.35 million pounds (more than $1.8 million) against adult site operator 8579 LLC for failing to implement age checks as required for compliance with the Online Safety Act.

Pearl Industry Network Launches 'TrustLink' Creator Verification Platform

Trade group Pearl Industry Network (PiN) has launched TrustLink, its free creator verification platform.

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Cherie DeVille Joins Woodhull Freedom Foundation 'Free Speech' Panel

Multi-XMAs winner Cherie DeVille will join the upcoming Woodhull Freedom Foundation panel series "Fact Checked by Woodhull," addressing free speech on Feb. 26.

Show More