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MOBILISA, INC. v. DOE

No. 1 CA-CV 06-0521.

170 P.3d 712 (2007)

MOBILISA, INC., a Washington corporation, Plaintiff/Appellee, v. John DOE 1 and The Suggestion Box, Inc., Defendants/Appellants.

Court of Appeals of Arizona, Division 1, Department B.

November 27, 2007.

Attorney(s) appearing for the Case

Whitten Berry, PLLC by Christopher T. Whitten, Phoenix, Law Offices of Charles Lee Mudd, Jr. by Charles Lee Mudd, Jr., Chicago, Illinois, Attorneys for Appellants.

Lewis and Roca, LLP by Randy Papetti, Robert G. Schaffer, Phoenix, Preston Gates & Ellis, LLP by David A. Linehan, Michael K. Ryan, Seattle, Washington, Attorneys for Appellee.

Tiffany & Bosco, P.A. by John P. Flynn, Phoenix, Public Citizen Litigation Group, by Paul Alan Levy, Washington, D.C., Electronic Frontier Foundation by Corynne McSherry, San Francisco, California, Attorneys for Amicus Curiae.

OPINION

TIMMER, Judge.

¶ 1 This appeal presents our first opportunity to consider the First Amendment rights of internet users to engage in anonymous speech. In doing so, we decide whether the superior court erred by granting a request by appellee Mobilisa, Inc. ("Mobilisa") to discover from appellant The Suggestion Box, Inc. ("TSB"), an Arizona email service provider, the identity of appellant John Doe 1 ("Doe"), a TSB account holder. For the reasons...

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