In-House Counsel Guidebook: How to Handle Internet Defamation and Online Reputation Attacks August 2014 | Page 13

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rules for issuing subpoenas, and many cases require issuing
foreign subpoenas in a jurisdiction outside of the forum
state. Thus, it is important in these situations to know the
relevant rules in every state in which you plan to issue a
subpoena. Moreover, when an attorney issues a subpoena
to an ISP when they lack legal grounds for obtaining the
anonymous person’s identity, he or she may be on the hook
for the defendant’s legal fees for filing a motion to quash.
C. One of the best tools we have found for determining the
identity of anonymous persons online is a forensic exam of
suspected attackers’ computers. In most cases, the victim
of an online attack will have a good idea of who is behind
the attack. Often, the posts will come shortly after a dispute
with an employee, business associate or competitor. There
are often circumstantial facts and even evidence that point
to a person behind the posting, though no hard proof. In
these situations, a forensic exam can be invaluable. When
conducting forensic exams, we have found that the persons
behind the attacks will often attempt to “wipe” their electronic
devices. However, a forensic exam will obtain fragments
that will show the individuals behind the online activity. We
have also found it to be common for a poster to immediately
use wiping software after they receive notice of our forensic
exam. Based on our experience, performing a forensic
exam is a very strong tool to prove who posted online attack
information when there is circumstantial evidence pointing
to someone.
D. Another option when you have a legitimate suspect but
cannot prove who is behind the posting is to ask them to

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