Email and text messages
This case is a reminder to school officials that nothing online is truly anonymous. Here, a county board candidate (candidate) pursued a defamation claim against a fictitious Internet name, “Fuboy.” Fuboy referred to the candidate as a “molester.” This decision is centered on the candidate’s motion requesting the court to direct an Internet provider to provide the identity and last known address of its subscriber, Fuboy, whose actual name was unknown. The candidate needs Fuboy’s identity to properly name the subscriber in the lawsuit. The court also addressed the candidate’s failure to ask the court for permission to file against the fictitious name Fuboy (lawsuits must name an actual person). While the candidate should have sought permission under court rules to file against the fictitious name Fuboy, the case will still go forward, and the Internet service provided will need to respond to the subpoena requesting it to provide the identity and last known address of its subscriber using Fuboy.