Online Anonymity & John/Jane Doe lawsuits
The Internet has provided the public with an unprecedented ability to communicate and share ideas while keeping their identities private. Anonymity, or the ability to conceal one's identity, has opened the door to much freer communication than would otherwise be the case. Those who fear persecution, ostracism or embarrassment are able to communicate about topics and in ways they would not risk otherwise. However, online anonymity can also be used to mask illegal behaviour.
Governments, corporations and others may seek to reveal the identities of anonymous Internet users in order to prosecute criminal behaviour or to pursue legal actions for defamation, copyright infringement, or other civil wrongs. These "John Doe" actions may or may not be justified. In some cases, they may simply be a tactic to silence legitimate criticism. What are your rights as a "John Doe" defendant? The following FAQs are designed to provide some answers.
This page last updated: November 26, 2012 by Tamir Israel, Staff Lawyer
Researched and compiled by Milana Homsi and Andy Kaplan-Myrth, June 2, 2007
FAQs
Resources
- The Canadian File-sharing Legal Information Network: Canadian site aiming to provide information and assistance to Internet users accused of illegal file-sharing online.
- CIPPIC has intervened in a number of cases where anonymity in the judicial process was at issue. These include:
- A.B. v. Bragg Communications Inc. 2012 SCC 46: http://cippic.ca/AB_SCC
- Warman v. Fournier, 2010 ONSC 2126 (Ont. Div. Ct.): http://cippic.ca/Warman
- BMG. v. Doe, 2004 FC 488 (FC) and 2005 FCA 193 (FCA): http://cippic.ca/file-sharing-lawsuits
- CyberSLAPP: Initiative by US public interest groups to protect online anonymity in context of lawsuits designed to shut down free speech.
- John Doe Anonymity: Good information on "john doe" lawsuits in the USA and your rights as a "john doe" in the States.
- Electronic Frontier Foundation resources on anonymity
- The Anonymous Internet Foundation: a US group established to expose and fight unjustified attempts to unmask the identity of Internet users.
- Products that allow you to surf the web anonymously:
- Anonymity Checker: Has listings of free proxy servers that help you surf the internet anonymously.
- "Do-it-yourself Internet anonymity": An article that explains how to be anonymous on the Internet.
- CAIP: The website of the Canadian Association of Internet Providers provides information about Canadian ISP's positions on Internet issues.
- PIPEDA: (Personal Information Protection and Electronic Documents Act), Canada's federal privacy act which provides protection against disclosures of personal information.