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Can I have a lawyer file something

 
Lucy, Esq.'s Avatar
  • Answered by:Lucy, Esq.
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Customer Question

Can I have a lawyer file something to prevent people from finding out my ISP by tracing my phoney yahoo email account(I don't want to get identified). I go to an unaccredited pharmacy school and I sent out emails to Board of Trustees, some faculty, and students in order to spur someone with power to change things otherwise, next year we still won't get accreditation. However, they have a lot of money behind them and they can trace me, so I'm worried!!!!

 

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Country relating to Question: United States
State (if USA): California

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Submitted: 315 days and 2 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  Lucy, Esq. replied315 days and 1 hours ago.

Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.

Are you talking about a specific someone, or all people in general? What makes you think they're trying to trace your IP address?

Customer replied315 days and 1 hours ago.

Hi Lucy! I am just worried that they(Board of Trustees, Investors, Administrators) will trace my IP address to find out who I am. I sent out these emails to embarass people into action, but it could be called Slander and Libel plus harassment and I know they have the money and means to do so. I just wanted to have important people in the school do something about accredidation.

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Expert:  Lucy, Esq. replied315 days and 1 hours ago.

Thank you.

In order to get an injunction, there either has to be an existing lawsuit, or you would have to sue the other party. Since suing them would tell them your name (you can't sue as John Doe), that's not terribly productive. In addition, a person has to show that he has a reasonable likelihood of success on the merits if the lawsuit and that he will be irreparably harmed if the injunction is not granted - by definition, if money damages can make a person whole, he is not irreparably harmed without an injunction. Also, it sounds like, if they find out who you are, you could be sued - but being a defendant in a lawsuit isn't considered irreparable harm. Unfortunately, if a person has a valid legal claim against you, and simply doesn't know who you are, you likely would not be able to get such an injunction. They have a right to have their day in court. If they choose to do a trace to find out who is sending the emails in question, there unfortunately isn't a law that would allow you to stop them.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.

Customer replied315 days and 1 hours ago.

So, could I have yahoo inform me if someone subpoenad my phoney email address?

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Expert:  Lucy, Esq. replied315 days and 1 hours ago.

Yahoo doesn't have any legal obligation to inform you in that situation. They are required to respond to the subpoena, if they get one, but they don't have to tell you about it. You can certainly ask, but it's such a big company, and they probably get a lot of legal requests, so I would be very surprised if they had any sort of procedure in place to notify the account holder.

Also, if a prosecutor subpoenaed records for use before a grand jury (and I don't know if that would happen, because I don't know if the address is being used for anything criminal), they would be prohibited from telling you.

Customer replied315 days and 1 hours ago.

No, I did not use the email account for criminal activities, I just sent out emails to jolt the whole school into action because everyone has a laissez faire attitude over there..

Customer replied315 days ago.

Relist: Other.
My Lawyer was unavailable....

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Expert:  Lucy, Esq. replied315 days ago.

I'm sorry. I had to leave briefly for lunch, and when you use the "relist" option, I don't get notification that you responded.

From what you've said, it sounds like the DA won't be involved, then. I do understand why you wish to remain anonymous, but if the school decides to take action against you, they can trace your email address, and there isn't anything in the law that would allow you to stop them. Does that mean they will, or that they will automatically win a case against you? Absolutely not. It just means that they are entitled to their day in court, should they decide that they want one, just as you would be entitled to a day in court if someone sent you anonymous emails of this sort.

Whatever happens, good luck.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.4 %
Accepts: 3081
Answered: 7/10/2012

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