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  1. #1
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    Sep 2008
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    subpoena ISP info?

    I am currently involved in a civil case. Part of the case deals with SPAM mail being sent to the plaintiff. For some idiotic reason, I am being sued because they "presume" that I sent them spam mail. The plaintiff's lawyer said they have a ISP IP address to trace. I also have been receiving SPAM mail and I found out the IP address it is coming from. It is from the same ISP that they said they have.
    What would it take (in TX) to subpoena the information on this IP address from the ISP? Is it totally up to the TOS from the ISP? Would the ISP even cooperate in a civil case? I would really like to know who is behind all this!

  2. thelawprofessor's Avatar
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    May 2001
    New York City
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    The ISP may cooperate in this case if they can provide the information requested. They have to if the information is pursuant to a court ordered subpoena. Why do you think that the ISP would not do so? Besides, what do you care? If you didn't send it then you have no problems. If your emails aren't spam then you don't have any problems. If the emails are being generated from your computer without your knowledge, then there could be one other likely scenario - your computer is affected with a virus that is sending out these emails. You should have all computers connected to the Internet checked, if this is the case.
    Forum posts are not legal advice, are for educational purposes only & are not substitutes for proper consultation with legal counsel.

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