This matter involves attempts by Nymox, a Canadian pharmaceutical corporation, to learn the identities of several pseudonymous individuals. The action originated in a Quebec court, where limited pre-filing discovery may be permitted by the Court. In fact, no lawsuit has yet been filed in this matter, either in Canada or in the U.S.. The Quebec court issued an Order requiring Yahoo!, Inc. to release whatever information it had about each of the eleven named pseudonyms. Yahoo! Canada responded that the requested information resides on U.S. servers and thus a U.S. subpoena/court order would be necessary before Yahoo! Inc. would release the information. Nymox filed a petition for subpoena before the Northern District of California in late October, 2002, which was granted by the court on October 29, 2002.
The Cyberlaw Clinic filed a Motion to Quash the Subpoena on November 12, 2002. In it, dual arguments are made: 1) The First Amendment grants a right/privilege to anonymous speech, 2) that 28 U.S.C. section 1782, upon which Nymox relies as to why a U.S. federal court should uphold a Canadian court order requiring disclosure of these 11 identities, does not require the court-ordered release of privileged information, and in fact specifically excludes such release; and 2) that Rule 45 of the Federal Rules of Civil Procedure specifically states that a subpoena may be quashed when it seeks information protected by privilege.
Nymox Filings:
1. Notice of Motion to Quash Subpoena (legal front page of the action)
2. Memorandum of Points and Authorities in Support of Motion to Quash
Subpoena (where the legal arguments are set forth in detail)
3. Declaration of Jennifer Stisa Granick (Jennifer Granick declares that
the facts used in the above Memorandum are true to the best of her
knowledge and cites the sources for them.)
4. Proposed Order (stating that the Motion to Quash is sustained, for the
convenience of the Court)
5. Proof of Service (stating that the documents were served on counsel
for Nymox and on Yahoo! Inc. on Nov. 12, 2002).