Subpoenas – Subscriber Has No Expectation of Privacy in Data Submitted to ISP

AOL was sued by a subscriber for erroneously supplying personal information to the police without a subpoena or warrant. The personal information disclosed included the subscriber’s name, address, phone numbers, and screen name. He claimed that AOL had a duty to determine whether the law enforcement request was valid, and if not, he had a reasonable expectation that his personal information would remain private. A Federal court held that (a) the information was given by the subscriber to AOL voluntarily so their was no reasonable expectation of privacy; (b) AOL’s Terms of Service allowed AOL to disclose this information in cases, such as this, where it was informed that a threat of physical violence had been made; and (c) the Electronic Communications Privacy Act allows this information to be disclosed by electronic communications providers if there is a threat of physical violence. This case provides some breathing room for Internet businesses who often face requests from law enforcement for personal information, since some prior cases had held these companies liable for erroneously disclosing their customer’s personal information. Case: Freedman v. America Online