National Conference of Bar Examiners v. Earthlink [1] SummaryThreat Type: SubpoenaDate: 04/12/2007Status: ConcludedLocation: Georgia Verdict or Settlement Amount: N/ALegal Claims: Copyright Infringement The National Conference of Bar Examiners (NBCE) obtained an administrative subpoena issued pursuant to section 512(h) of the Digital Millennium Copyright Act, requesting that Earthlink disclose the identity of an Earthlink subscriber who posted comments anonymously to the Tab and... read full description PartiesParty Issuing Legal Threat: National Conference of Bar ExaminersParty Receiving Legal Threat: EarthlinkType of Party: OrganizationType of Party: Large OrganizationIntermediaryLocation of Party: District of ColumbiaLocation of Party: GeorgiaLegal Counsel: Caroline M. Mew - Fulbright & Jaworski, L.L.P. Description The National Conference of Bar Examiners (NBCE) obtained an administrative subpoena issued pursuant to section 512(h) of the Digital Millennium Copyright Act [2], requesting that Earthlink disclose the identity of an Earthlink subscriber who posted comments anonymously to the Tab and Brandy blog. The anonymous comments disclosed 41 questions (and some answers) from the multi-state bar exam, after the exam had been administered. The blog operator, a Texas lawyer, removed the string containing these comments shortly after they were posted, when the NBCE contacted the Texas Board of Law Examiners, which administered the bar in Texas. It is not clear whether Earthlink had sufficient records to disclose the identity of the poster. The docket reveals no activity after April 12, 2007. Related Links: Earthlink Subpoenaed for Customer Records When Anonymous Web Posting Reveals Bar Questions [3] MLRC's Legal Actions and Developments Involving Blogs [4] DetailsWeb Site(s) Involved: Tab and Brandy [5] (defunct) Content Type: TextPublication Medium: BlogSubject Area: CopyrightAnonymity Court Information & DocumentsJurisdiction: GeorgiaSource of Law: United StatesCourt Name: United States District Court for the Northern District of GeorgiaCourt Type: FederalCase Number: 1:07MI00097Relevant Documents: 2007-04-12-Subpoena to Earthlink.pdf [6] CMLP Information (Private)CMLP Notes: SB Reviewed; to-do: get court documents, if any, from PACER
