Intervention to Provide Oppty for Publishers and Creators to Object to Subpoenas Meant to Unmask Identities and Personal Communications
Earlier today I asked a federal court in Utah to pause efforts by a private litigant to intrude on the privacy of journalists covering an interesting story about a national toy chain that is mired in various controversies. See additional explainers below. What happened. On September 25, Bricks and Minifigs ("BAM"), a franchisor of LEGO retail stores which as been embroiled in high profile disputes involving consignment sales and franchise agreements, sued ten unnamed defendants for breach of contract and trade-secret misappropriation. BAM says internal documents were leaked to websites, including thebammap.com, which reports on the company. Because the defendants are unknown, BAM asked the court, without notice to anyone, for permission to subpoena the sites' hosting providers. The court granted that on September 30. The order doesn't require notice to the people whose records are sought, and it gives them no chance to object before their private communication ...