Maine Supreme Court to Rule On Email Anonymity

PORTLAND, Maine — The Maine Supreme Judicial Court heard arguments Tuesday to determine whether the sender of a prank email that claimed to be from another person must reveal his name.

The case revolves around a Dec. 24, 2003, email that contained cartoon images of Great Diamond Island resident Ronald Fitch and his wife. The message was sent to Fitch and five other residents of Great Diamond Island, and came from a Hotmail account registered in Fitch’s name.

Fitch has sued the anonymous sender, claiming violation of privacy, misappropriation of identity, fraud, putting Fitch in a false light and infliction of emotional distress, and asked that the sender’s Internet service provider reveal his name.

On May 12, a superior court issued an order instructing Time Warner, the sender’s service provider, to reveal the identity. John Doe’s attorney filled an appeal later that month.

Paul Levy, a Washington, D.C.-based public interest attorney with the Public Citizen Litigation Group, argued before Maine’s highest court on Tuesday that revealing the anonymous sender’s name would be an invasion of the sender’s right to privacy.

“Our issue is not what happens in this case, it’s in what process the court uses in these anonymous-speech cases,” Levy said.

Levy’s group, which has filed briefs on behalf of at least two dozen cases of Internet users who want to protect their identities, proposes that Maine adopt a test by which plaintiffs seeking to have Internet users revealed must first show that they have been harmed by the speech and that a claim would prevail under state law.

Justice Donald Alexander questioned Levy’s reasoning, asking, “What possible public interest is there in protecting the identity of an identity thief?”

Levy responded that it was premature to reveal the defendant’s name because it was unclear whether this was actually identity theft or a form of constitutionally protected parody.

Tom Connolly, the attorney for Fitch, told the court that the email does not warrant any type of constitutional protection.

“This is not anonymous speech,” Connolly said. “Anonymous is non-attributed. Fraud, though is falsely attributed.”

The American Civil Liberties Union and the Electronic Frontier Foundation also filed briefs in support of the defendant.

The justices said they will issue a written decision sometime in the near future.

The case is Finch vs. John or Jane Doe, No. CV-04-078.

Copyright © 2025 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

New Creator Directory 'TrustyFans' Launches

TrustyFans, a new directory for creators, has officially launched.

Corey Silverstein to Host Webinar on 'SCOTUS Age Verification Ruling'

Where Does Age Verification Go From Here," to livestream July 10 at 4 p.m. (EDT).

FSC Publishes Guidance on Google Analytics Lawsuits

The Free Speech Coalition (FSC) has published guidance on how adult websites can protect themselves in the wake of several consumer class action lawsuits filed against sites for using Google Analytics.

BranditScan, CreatorTraffic Partner for 'Creators & Agencies' Initiative

BranditScan and advertising network CreatorTraffic have partnered for an initiative to help creators and agencies generate traffic and protect their content.

Teasy Agency Joins Pineapple Support as Supporter-Level Sponsor

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

Aylo, Pineapple Support Partner for Mental Health Video Series

Aylo has teamed up with Pineapple Support to create a safety video series aimed at educating performers and creators about mental health.

Ofcom Investigates FTV Sites for Possible AV Noncompliance

U.K. media regulator Ofcom is investigating First Time Videos, which operates the sites FTVGirls.com and FTVMilfs.com, for possible failure to comply with age assurance requirements under the Online Safety Act.

Stalwart Defender: Jeffrey Douglas on 30 Years Fighting for Free Expression

“If you had told me in 1995 that I would be on the FSC board for 30 years, I would have laughed out loud,” says Jeffrey Douglas.

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Show More