A Judge Jettisons ‘John Doe’ Subpoenas

by E Wayne Ross on June 22, 2007

The Chronicle: A Judge Jettisons ‘John Doe’ Subpoenas

When the Recording Industry Association of America started filing “John Doe” subpoenas to ascertain the names of campus song-swapping suspects, some lawyers complained about the process. Ex parte discovery tactics — in which John Does are often unaware that they are subpoena subjects — should be reserved for extreme circumstances, the critics argued.

In fact, several people identified in the John Doe subpoenas have tried making that case in court, but judges have routinely slapped the argument down. Until now, that is: A U.S. District Court judge has told the RIAA it cannot use the John Doe method to uncover the names of 16 suspected music pirates at the University of New Mexico, according to the blog Recording Industry vs. The People.