Prenda Law Issues Subpoena For IP Addresses Of Every Visitor To Critic Blogs For The Past Two Years
from the what-are-they-smoking? dept
This is rather incredible. We already wrote about Prenda Law’s series of defamation lawsuits against commenters on two key blogs that have been instrumental in exposing their shenanigans: FightCopyrightTrolls and DieTrollDie. While John Steele has dismissed his claim, the other two suits are still moving forward as far as I know. And now it’s come out that Prenda Law’s Paul Duffy sent a ridiculously broad subpoena to WordPress demanding every IP address of every visitor who has visited either site since the beginning of 2011. Basically, they’re looking for everyone who has ever visited either site:
Our client is requesting all Internet Protocol addresses (including the date and time of that access in Universal Coordinated Time) that accessed the blogs located at dietrolldie.com and fightcopyrighttrolls.com between January 1, 2011 through the present. Please provide this information in an Excel spreadsheet.
The subpoena is from Paul Duffy, so it’s a bit ridiculous to claim “our client” since he is the client. This seems like a pretty clear abuse of the subpoena process, though, coming from Prenda Law, whose specialty is doing anything it possibly can to get IP addresses, perhaps it’s no surprise. The subpoena was issued in association with the original claim that was filed in state court. The cases have all been removed to federal court, and hopefully the lawyers at WordPress know better than to just cough up this info like that. Even more ridiculously, Duffy tries to claim that this is an “emergency” so they shouldn’t waste any time in handing over the info:
Due to the emergency nature of the requested information, it is imperative that your organization responds to the subpoena immediately. The requested information is perishable and vital to the claims asserted in a complaint alleging widespread and systematic defamation.
What hogwash. They’re looking for data going back to January of 2011. If WordPress has logs going back that far, it’s not like they’re suddenly going to disappear. And, of course, the “widespread and systematic defamation” claims are already pretty questionable.
It’s not difficult to look at this and see a likely attempt at creating chilling effects to try to scare people off from visiting those sites. Considering that Prenda has been collecting all sorts of IP addresses in its various copyright trolling lawsuits, can you imagine what they might do if they can cross reference IP addresses of visitors to those sites with the IP addresses they’ve already sued over?
Filed Under: anonymity, chilling effects, copyright trolls, dietrolldie, fightcopyrighttrolls, first amendment, free speech, john steele, paul duffy, subpoena
Companies: prenda, prenda law, wordpress
Comments on “Prenda Law Issues Subpoena For IP Addresses Of Every Visitor To Critic Blogs For The Past Two Years”
Good thing I stockpiled popcorn.
Re: Re:
good thing I only visit all these site at work 😛
Um, guys... really...
If this case was removed to Fed Court prior to the subpoena, then the Superior Court has no jurisdiction, and it was issued with that knowledge, and that’s a big problem. If it was issued prior to removal, then it should have been withdrawn, as now there’s no jurisdiction, and that’s a big problem.
And … it demands production 10 days from the date the subpoena issued, seven after service, although by statute,they need to give 20 days …
“It shall command compliance . . . on a date that is no earlier than 20 days after the issuance, or 15 days after the service, of the deposition subpoena, whichever date is later.” CA CCP ?2020.410(c)
And why is the Complaint attached? Just to make a point? And what is the sudden urgency that the rules don’t matter? Urg! Makes you wanna tear your hair out.
Re: Um, guys... really...
There also might be other major other problems with the subpoena
WordPress (Automattic) might NOT control the domains of either of the two url’s.
Though it does look like Automattic was used to register DietrollDie, and therefore that domain MIGHT reside on a host server controlled by Automattic.
FightCopyrightTrolls on the other hand looks like it is totally separated from WordPress servers on a completely separate host server (ie: WP was just installed – it’s a software program when it boils down to it) and if that is the case then Automattic has no ability to provide any IP logs whatsoever.
The other problematic (though more a logistic problem) thing I can see is the requested format of supplied information. Excel (unless they classify CSV files as excel) can not be used here since any log files of IP address’s specific to the requested information would far exceed the limitations that Excel has. They could place it all in a huge CSV file but Excel would only read part – though since the format of Excel is specified in request then any information they receive is already suspect to reliability.
Re: Re: Um, guys... really...
Yo, G: It’s true that if it were a wordpress.org driven, then WordPress wouldn’t be hosting at all, but would be for wordpress.com.
Re the Excel issue: The subpoenaing party can specify the desired format for the production, but the producing party does not necessarily have to create documents in that format. They just have to produce in the format as kept in the ordinary course of business. (I hope that’s tractor-feed printouts, but that’s wishful thinking.)
My reaction to that was (again), um, guys… really?… Excel?
Re: Re: Um, guys... really...
No, unfortunately not true: my site IS hosted on wordpress.com, though I have been mulling the move for a while.
Re: Re: Um, guys... really...
really? total failure here. name server records for both sites list wordpress, so what does that say? you wasted all that time thinking and writing but failed to check the basic things. next time, study harder since you need it
Aliens
I believe the entire Prenda thing was set up by malevolent Whovian alien beings who must feed on IP addresses to survive.
The lawsuits are all a red herring.
Re: Aliens
So should we expect “John Smuth, Esq.” to show up in court showing everyone a piece of paper showing that he’s recently added counsel?
Re: Re: Aliens
I take that back.
Why didn’t I realize it sooner. The judge is really the Doctor. That’s why he wants everyone in his court on Monday!
Re: Re: Re: Aliens
Does this courtroom fit into a blue British police box?
Re: Re: Aliens
Lawsuits are cool!
Re: Aliens
YeeeeeeEEESSSS!
I once believed that calculus was a concept sent to Earth of destroy the minds of the young. (Register now while the lines are short.)
I think it’s cute that they believe IP addresses are a good way to identify people they want to sue.
What utter bell-ends.
Re: Re:
They don’t want to sue, but are going into the defamation trolling business as copyright trolling is blowing up on them.
Re: Re: Re:
Tomayto – tomato
Re: Re: Re: Re:
I think you mean Tomato – Tomahto 😉
Re: Re: Re:2 Re:
Nope I was right the first time 😛
Re: Re: Re:3 Re:
Tomato – Tomayto – Tomayo – Tomony — gasp ALAN MOONY!
Re: Re:
I think it’s cute that they believe IP addresses are a good way to identify people they want to sue.
It’s not a good way to identify people they want to sue, but it would be an excellent way to figure out what IPs to try to intimidate.
As far as intimidating random people based only on the flimsiest of IP address information, they are quite experienced.
Re: Re: Re:
Its not like someone got a shakedown call and then posted on FCT looking for help and then someone posted threats about going after that person by looking over their call logs for that day.
Oh wait…
While I look forward to meeting some of the members of TechDirt in person, I just wish it were under better circumstances.
😉
Next thing that will happen is Penda law doing a subpeona for all the IP’s of every visitor to have visited techdirt. After all everyone who visited techdirt must be committing copyright infringement and those that left comments on articles about Prenda Law must all be defamation right (sarcasm).
Re: Re:
If you’re gonna be one, be a big red one. Post all the abuse about them that you want.
Re: Re:
I love that misspelled “Penda”!!!
Nice
I hadn’t actually been to those sites before, but not I’ll be going several times a day, just in case they happen to get what they’re asking for….
Re: Nice
I’ve been to those sites last week but did not leave any comments. I wonder if Prenda Law will seek my extradition to the US. Maybe I shall visit these sites again and leave colourful comments lol
Re: Nice
Are you saying that the scumbags have already achieved their goal, at least partially — to discourage citizens not only to speak out but to seek relevant information?
WordPress does not simply hands out information. While a motion to quash is pending (or after the case is SLAPPed down), they won’t cough out anything.
I see Prenda and I get giddy, as a schoolgirl!!! Their antics are now entering into legend that I can be happy that I was a witness to.
I kind of hope so
While I don’t think they will go after commentors on TechDirt, I kind of hope they do and screw with me. I have something for these idiots that will surpass their wildest nightmares… 😉
Is is commenters or commentors? Spell-check is having a dickens of a time with both. LOL
Re: I kind of hope so
Well then come on over to FCT and DTD and join in the fun.
You can see the evil comments I’ve made that made the big bad legal entity cry.
I cannot wait to hear from Pre(te)nda since I visit both sites on a regular basis. Mostly for articled about Pre(te)nda.
Re: Re:
Hey you used my pun, “Pretenda” without my specific assignment of fair use. i’ll have to sue you for that. LOL (j/k)
Re: Re: Re:
That Anonymous Coward will be after both of you.
Re: Re: Re:
You’ll notice that he uses () in his, which is different than your trademark saying. The moron we keep on staff for such occasions was not sufficiently confused enough to warrant you suing.
Re: Re: Re: Re:
Then perhaps you need to replace your moron with someone from Prenda (company motto, “Building better morons for a dumber tomorrow).
Re: Re: Re: Re:
I’m sure you meant to say MY trademarked saying.
There are many AC’s but only 1 “That Anonymous Coward”.
Re: Re: Re:
Thats MY Intellectual Property.
I demand my nickel.
Re: Re: Re: Re:
I’m sick of all this nickel-and-diming! I demand Eurocents….OR ELSE!!!!
Re: Re: Re: Re:
hey, i was THE first one to coin the name Pretenda Law and to use it, but i don’t see anyone giving me a nickel.
It’s an emergency because they know the subpoena and their cases are not going to be around for long.
Re: Re:
If Pretenda is hinging their success on emergency subpoena’s then the lawyer filing them has no clue on the snail speed of such actions. Just goes to show they are idiots.
Re: Re: Re:
Pretenda are hoping that by writing the word “emergency” it means that the subpeona will be 100% guaranteed to be given in their favour.
Please Lord
Please, please, please, please., please Lord let them come after me. I need to put a fuck up on some fucktards. It’s been a while since that last time and I so need the mental and legal stimulation to just fuck up some idiots. Please, Please, please Lord!
Re: Please Lord
Woo, baby… beginning to sound a bit like our buddy Ken Matherne at Global Wildlife Federation!
“I will come to you! My airplane is only 10k an hour ? have more cash & Gold in the bank than you can imagine…”
;-}
The more I jibe at Mike, the more obsessed with Prenda he gets.
Also the fanboys. It’s like watching ankle-biters yap at the TV screen — even after it’s been turned off!
Take a loopy tour of Techdirt.com! You always end up at same place!
http://techdirt.com/
Prenda Law! A staple in the “At The Bench” series. Mike sez (short version): “Wow. Wow. Wow. … The story is gripping.”
http://www.techdirt.com/articles/20130303/23353022182/prenda-law-sues-critics-defamation.shtml
Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
Can we just give them out_of_the_blue’s address and call it a day?
Re: Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
What makes you think that Prenda doesn’t already have it? I mean, hell, they need SOME way to keep contact with their supporters, fanboys and bridge cleaners…
Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
In other words OOTB comments shows that he is an ankle biter yapping at Mikes articles. Oh what a lovely fanboy OOTB is.
Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
If correlation equals causation, then you’ve got the cause and effect backwards.
The more Mike writes about Prenda, the more you troll here.
Re: Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
The one good thing about this is that out_of_the_blue will be in the same boat as the rest of us!
Should be interesting to see what troll, gnome, or Morlock the basement-dweller looks like…
Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
Hey you’re still alive? That’s amazing, I thought you were dead.
Well, good for you!
Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
You think you are that special? I mean, yes you are special; but not at all in the way you think you are.
Re: Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
“You think you are that special? I mean, yes you are special; but not at all in the way you think you are.”
OooB is a “special” boy with “special” needs.
Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
Someone’s mad that now there’ll be more copyright heroes to join Evan Stone and Andrew Crossley in the list of people to demand amnesty for.
Isn’t it telling when the people propping up your copyright and corporations all happen to be complete scumbags?
Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
Another day, another post you can’t even pretend to argue with and resort to purely insulting people. Time to come to terms with your own mortality, because you’ve reached the end of your troll lifespan.
Re: The more I jibe at Mike, the more obsessed with Prenda he gets.
This OOTB fella-me-lad really needs to get a life. I suppose he must get some sort of gratification by airing his crackpot anti-this and anti-that troll-ish views at the drop of a hat. Doesn’t sound as if he has an original thought in his head. Anyway – must fly now. Run out of troll food.
I have provided translation.
“Due to the emergency nature of the requested information, it is imperative that your organization responds to the subpoena immediately. The requested information is perishable and vital to the claims asserted in a complaint alleging widespread and systematic defamation.”
Translation : Our ship is sinking we need more money.
At this point I’m fairly sure the next step for Prenda is to sue every residential internet connection in the US… or possibly THE WORLD.
Re: Re:
the last part would be incorrect. they at least know enough to run geo reports on the IP to remove out of country IPs from the list. they have done so in the past since including foreign IPs would undermine their credibility and also point out their stupidity
Is my birthday on Monday (Mar 11), so I wonder what kind of gift I will get, seeing judge deliver a smack down to Steele and his associates would be the greatest gift of all.
They are annoyed because they are being called out on their IP trolling.
Excel spreadsheet?!
On top of everything else, how are the producing parties supposed to aggregate everything into a format with a limit of 64K rows?
Re: Excel spreadsheet?!
Ha ha! My thought exactly! Excel spreadsheets only hold 65536 rows. Prenda Law’s behavior has been so remarkably stupid, inept, and apparently illegal so far, that I’m pretty sure that there’ve been ‘way more than 65536 visitors! And now they’ll presumably be interested in me 🙂 OTOH, maybe the subpoena’s parties can file their return with 1 entry per Excel spreadsheet or Excel file :-).
Re: Excel spreadsheet?!
Can they even legally demand Excel format? IP logs are not generated in Excel. Assuming they can legally demand the IP logs in the first place, all they could get are the raw files, right?
But the subpoena itself seems overbroad at first glace. The IP of everyone accessing the site for several years? They can’t even limit it to the dates and times of the posts in question?
Re: Excel spreadsheet?!
Not to put a damper on this, but 64K was the row limit of Excel 2003. Excel 2007 and 2010 (and I assume 2013/365) have row limits of over a million (1,048,576 in Excel 2010).
Re: Re: Excel spreadsheet?!
I recently received a CSV from a client with 750,000 rows of data in it. Couldn’t open in excel because there were too many columns and too much content within some of those that the resulting combined processing power necessary was not within Excel. Maybe it would be on a super-computer. I ended up having to open it up in MS Access. So I guess the issue is whether Hansmeier or his brother the other “technician” would be intelligent enough to know how to do that.
Maybe one of them or their cronies are reading this comment thread and now they know. So if it gets that far, I’ll have to send them an invoice for this consulting service.
Don’t worry ootb sooner than later we will figure you who you really are. Your 10 seconds of fame is coming. Trust me.
Now, go fuck off back to fox news.
Nigel
Monday, Monday...
Come Monday, will all those ordered to appear exit one after another from a tiny little brightly painted car in front of the Court House?
Seems fitting.
Re: Monday, Monday...
Then they’ll Yakety Sax their way in and out of several doorways until they get to the musical chairs set up in front of Hizzoner.
I think world press will give thr troll the big fat middle finger.
4,294,967,296 (IPv4)
Next up, Prenda subpoenas the internet for the IP addresses of everyone who’s ever used the internet.
Re: 4,294,967,296 (IPv4)
crap. this is why I really need to read every comment. Because I just said the same damn thing and didn’t need to because you beat me to it Derek.
Oh wait. Maybe I should sue you for stealing my thought. Now – who do I hire for this? Prenda et al? Carreon? Ken at the zoo? so many choices…
Re: 4,294,967,296 (IPv4)
They better watch out, them guys at 127.0.0.1 are likely to cut ya!
Re: 4,294,967,296 (IPv4)
FILE *file = fopen(“DearestPrenda.txt”, “w”);
fprintf(file, “Here is the list you requested:nn”);
for (int a = 0; a <= 255; a++)
for (int b = 0; b <= 255; b++)
for (int c = 0; c <= 255; c++)
for (int d = 0; d <= 255; d++)
fprintf(file, “%d.%d.%d.%dn”, a, b, c, d);
Re: Re: 4,294,967,296 (IPv4)
Evil!!!
I like it
Re: Re: 4,294,967,296 (IPv4)
Totally evil. I love it. Hope they have it hooked up to the color inkjet printer. (sic)
Re: Re: 4,294,967,296 (IPv4)
What about sending them the entire IPv6 list?
The obvious reply to the “emergency” request is:
Dear Sir(s):
The below list includes all IP’s that have visited us within the past 2 years:
1.1.1.1
1.1.1.2
1.1.1.3
…
255.255.255.255
Re: Re:
They want time stamps too.
So it you could repeat each IP with each second of the day next to it.
All in an Excel spreadsheet.
Re: Re:
Would be better if it was sent in binary…
It’s not difficult to look at this and see a likely attempt at creating chilling effects to try to scare people off from visiting those sites.
Oops… I did not know and instead just went there to read those two sites.
Re: Re:
Make sure you wave and say Hi to us evil people.
Remind me to forward to Prenda the links of the many articles in Techdirt.
Maybe they should just skip all the individual filing and contact the interwebs directly. That way they can get every IP of every person who ever used the web. Sure would save the expense of filing fees.
Re: Re:
Maybe they could hire a couple of “security consultants” to come with them to visit the interwebs in its office.
Pudenda Sleazebag Attorney 1: “Nice little internet you’ve got ‘ere mate. be a shame if somefin’ ‘APPENED to it.”
(knocks pen holder off desk)
Goon 1: (cracks knuckles
Pudenda Sleazebag Attorney 2: Or, like, if it was to catch on fire…
(flick lighter ominously)
um so weider….
Re: Re: Re:
loved this! totally pictured the scene 🙂
Maybe they should subpeona Al Gore to demand getting access to the interwebs office address!
We've got it backwards.
All this time we THOUGHT Prenda was about copyright trolling, but it turns out that they are WAY smarter than that. The copyright trolling and courtroom antics were just bate to get us to laugh at them and make comments to provide them with unbounded “proof” of defamation of “character”. Of course, I apparently have a different definition of “character” than they do, but hey… to each his own.
St. Clair County, Illinois
Interesting that the original suit was filed in St. Clair County, Illinois, which is a notorious defendant’s judicial hellhole, especially for class action lawsuits. St. Clair County is known as “America’s Asbestos Court” because only a tiny percentage of the massive numbers of asbestos claims filed there are filed by plaintiffs who actually reside in St. Clair County. (Neighboring Madison County is not much better.)
These guys look more and more shady with every move.
Excel speadsheet? What if you don’t run Windows? Are you required to buy a new OS and possibly a new machine to run that new OS you don’t want to pollute your company?
I know we have an adversarial legal system.
But come on.
There is something wrong with the mechanics of our judicial system when an outfit like Prenda has been able to carry on in civil court as they have for as long as they have.
This seems completely dysfunctional, and broken. We need tort reform, badly.
Every IP address? Hahaha, have fun. They’re working off the assumption that every one of their readers actually comes from America. What’re they going to do; strong-arm other countries into extraditing foreign readers? Bet that’d just make out_of_the_asscrack jizz in his molested little pants.
Ahhhh, drat
When I read the title I was *SO* hoping that Techdirt was included in the list. Maybe if we push it along a bit…
Paul Duffy’s action make him sound like an asshat.
That oughta do it. I really want to see what he plans to do with the list, given that he does not appear to have requested the text of the comments. Asshat.
According to posts on Dietrolldie.com WordPress has opted to not answer until the questions about the subpoena are dealt with.
http://dietrolldie.com/2013/03/07/battle-stations-prenda-law-sends-wordpress-an-overly-broad-subpoena-for-information-on-who-accessed-dtd-fct/comment-page-1/#comment-9729
Prenda Law?
I find it ridiculously funny that Prenda law had not secured “prendalaw.wordpress.com”, which I just did.
Re: Prenda Law?
They did not even secure antipiracylawgroup.com, which someone (not me) did and redirected it to my site.
Logic Flaw
Pretenda is assuming that anyone who visits either site is copyright “pirate”. As several have pointed out many visitors are not i the US. And some visitors have never downloaded any porn ever.
Re: Logic Flaw
1 – I want my nickel.
2 – They want to cause more fear in their targets.
3 – They want to scare those of us who speak out.
4 – They hope that they can show the court this long list and make it appear that kajillions of people saw all of the defamatory remarks so they can demand more.
“it is imperative that your organization responds to the subpoena immediately” – here’s my response:
Go F*** YOURSELF!
🙂
On the serious side (the one not aching from laughter) how can any law firm subpoena the sources of sites doing legitimate reporting and story discovery (FightCopyrightTrolls and DieTrollDie) using a public forum process. Even if the posts are not reporters themselves they would certainly be legitimate sources.
If these clowns actually had a defamation, or whatever complaint, case they would have to provide specific details for every instance. Is there any precedent for the type of generality described?
Where’s my opportunity to object to your subpoena, Mr. Duffy? Perhaps the folks at DieTrollDie and Fight Copyright Trolls ought to issue a few subpoenas to your bank, *your* ISP, and others.
What an orifice.
Stupid man do not wake the sleeping hat-bears – dodge and cover
I have to argue against WordPress’s policy of storing a clients site’s format page only on their home server and the rest of the sites page is hosted elsewhere on a paid for server.
If you look at a DieTrollDie URL request it starts with *.DieTrollDie.com, *.wp.com, (and others) of which any discernig web crusader would of course notice and add them to the block list. The site looks funky without the formatting but who cares anyway? You can miss a lot of content but for general locked down web browsing its cool. (for most)
For sensitive sites vulnerable to an outright information, by hostile legal groups, grab I wold recommend using another forum program of which there are many. Why make yourself vulnerable to such nonsense when you can at least reduce the liability risk. WordPress is slick but it obviously creates extra risk. It is kind of like EA’s always online policy but in a much smaller way. I wonder if there is a setting on the WP server site settings that would prevent this type of URL leak. (getting out of my experience so will shut up)
I understand the bandwidth considerations and they are severe so there is no easy solution. It’s another privacy issue related to the immaturity of the information age.
Cross-reference the IP addresses?
Please. Many are assigned dynamically and change regularly.
Without the corresponding ISP logs this information is pretty worthless.
We need tort reform. This is a clown show.
Re: Re:
cross reference IPs? you really think they want to waste time to compare list for this purpose? it is obvious they want IPs to use them for new porn trolling extortion expeditions
If CISPA is approved, this request would be valid, no?
This is the email I received from WordPress this morning:
IP addresses are only marginally useful.
An IP address doesn’t always identify an individual.
The entire multinational corporation that I work for shows up under the same European IP address, for example, even though many of us are located in other parts of the world. It drives geolocation attempts based on IP address crazy. 🙂
why bother waste time cross referencing when now you have an entirely new treasure trove of IP addresses to use for new cases. no more paying 6881 forensics or anyone for that matter.