Court Orders ISP to ID Party Responsible in Email Fraud Case

PORTLAND, Maine — In a legal groundbreaking case, Maine’s highest court ordered last week that an Internet service provider must disclose identifying information about a subscriber who is alleged to have misappropriated the identity of an account holder.

In the decision, the Maine Supreme Court upheld a lower court determination that a victim of forged email has the right to unmask the identity and sue the person responsible for sending a derogatory message to his neighbors.

The ruling is important because it is the first time a court has made a definitive ruling on “electronic harassment.”

A lower court ruled last May that Time Warner Cable must furnish information relating to the identity of the person who established an email account using the name Ronald Fitch.

The email was a bogus Christmas card that included a cartoon satirizing a dispute between Fitch and his neighbors. The card included offensive caricatures of his family, Fitch said.

The email was sent on Dec. 24, 2003, to the board of directors of the gated community where Fitch resides.

Fitch filed a “John or Jane Doe” suit, alleging fraud, intentional infliction of emotional distress, criminal simulation and identity theft.

The lawyer for Doe appealed the decision to the state high court contesting the lower court's finding that Doe had authorized Time Warner to release his or her identity to a court, arguing that no criminal activity has been shown.

But Justice Howard H. Dana rejected the rationale relied upon by the lower court — that Doe consented to disclosure when he accepted the company's subscriber privacy policy — and instead found that the "plain language" of the federal Cable Act "allows a cable operator to disclose subscriber information when ordered to do so by a court."

Section 551(c)(2)(B) of the Act allows the release of personally identifiable information "made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed."

Time Warner responded to the lower court's order by submitting to the court a sealed envelope containing the information it had about Doe.

Doe argued that the court should apply stricter requirements of the Act that prohibit government entities from obtaining personally identifiable information without clear and convincing evidence of criminal activity.

But Maine justices said those requirements apply only to governmental bodies, not to individuals like Fitch.

The court rejected Fitch's argument that Doe had consented to disclosure, finding Fitch failed to produce a consent agreement, or any evidence, affidavits, or testimony establishing the authenticity of his arguments relating to the agreement Time Warner requires its subscribers to accept.

Justices also bypassed Doe's opposition to disclosure on First Amendment grounds, ruling that Doe had never raised the argument at the trial court level.

The case is Fitch vs. Doe, No. Cum-04-295.

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

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

Show More