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

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

ASACP Updates 'Restricted to Adults' Labeling Resource Page

The Association of Sites Advocating Child Protection (ASACP) has updated its Restricted to Adults (RTA) labeling resource page.

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Show More