Defense Guide
ISP Subpoena Defense Guide
Your ISP has been subpoenaed in a copyright case. Here is exactly what that means and what you should do.
What Is an ISP Subpoena?
An ISP subpoena is a court order that requires your internet service provider — Comcast, Verizon, AT&T, Spectrum, Cox, or others — to turn over the name and address of the person associated with a specific IP address. In the context of BitTorrent copyright cases, it means that a plaintiff like Strike 3 Holdings has filed a federal lawsuit, identified your IP address as allegedly being involved in downloading their copyrighted content, and obtained a court order to discover your identity.
Your ISP is legally required to notify you before complying with the subpoena. This notification is your window of opportunity to take action.
Understanding the ISP Letter
The notice from your ISP will typically include:
- -The name of the plaintiff (e.g., Strike 3 Holdings, LLC)
- -The case number and the federal court where the lawsuit was filed
- -A statement that a subpoena has been issued for your subscriber information
- -A deadline by which you must take legal action if you want to prevent disclosure
- -Sometimes, instructions for how to file an objection or motion to quash
The deadline is critical. You typically have 30 days from the date of the notice, though this varies by ISP and jurisdiction. Missing this deadline means your ISP will comply with the subpoena and release your identity.
Step-by-Step: What to Do
Step 1: Do Not Panic
Receiving this letter is alarming, but it is not the end of the world. Thousands of people receive these notices every year, and there are well-established ways to handle them. The most important thing is not to ignore it and not to act impulsively.
Step 2: Note the Deadline
Find the date by which you must respond. Mark it on your calendar. Everything else flows from this deadline. If you are unsure when the deadline is, call Leonard immediately — he can help you determine it.
Step 3: Do Not Contact the Plaintiff
Do not call, email, or write to Strike 3 Holdings or their attorneys. Anything you say can be used against you. Do not try to negotiate on your own. This is a federal lawsuit, and you need an attorney handling communications on your behalf.
Step 4: Consult an Attorney Who Handles These Cases
Call Leonard J. French for a free consultation. He will review your notice, explain exactly what it means, and walk you through your options. The consultation is free, confidential, and carries no obligation. Leonard has handled over 2,000 of these cases and can tell you within minutes where you stand.
Step 5: Decide on a Strategy
Based on your consultation, you and Leonard will determine the best course of action. The three primary options are: negotiate a settlement, file a motion to quash the subpoena, or (in rare cases) fight the lawsuit. Most clients resolve their cases through negotiated settlement.
What Is a Motion to Quash?
A motion to quash is a legal filing that asks the court to invalidate the subpoena and prevent your ISP from disclosing your identity. It is filed with the court that issued the subpoena.
When It May Work
- - Jurisdictional issues (plaintiff filed in the wrong court)
- - Defective subpoena (procedural errors)
- - The IP address is shared or dynamic
- - The plaintiff has not shown a real connection between you and the alleged infringement
When It May Not Be the Best Option
- - When the evidence is strong and the goal is quick resolution
- - When the motion could draw more attention to your case
- - When the court has a history of denying such motions
- - When the cost of the motion exceeds the settlement savings
Whether a motion to quash is right for you depends on the specific facts of your case, the court, and the judge. Leonard will give you an honest assessment during your consultation.
Typical Timeline
Received a Subpoena Notice?
Time matters. Call Leonard today for a free, confidential consultation.