In re DMCA Subpoena To Reddit, Inc.
| Citation | 383 F.Supp.3d 900 |
| Decision Date | 17 May 2019 |
| Docket Number | Case No. 19-mc-80005-SK |
| Court | U.S. District Court — Northern District of California |
| Parties | IN RE DMCA SUBPOENA TO REDDIT, INC. |
Paul Polidoro Pro Hac Vice; Watch Tower Bible and Tract Society of Pennsylvania Patterson, NY, Anthony Vincent Smith, Law Offices of Anthony V. Smith, San Mateo, CA, for In re DMCA Subpoena To Reddit, Inc.
Regarding Docket No. 8
Now before the Court is a motion to quash filed by John Doe under his pseudonym, Darkspilver ("Darkspilver"). Having carefully considered the parties' papers, relevant legal authority, and the record in the case, and having had the benefit of oral argument, the Court hereby GRANTS IN PART and DENIES IN PART Darkspilver's motion to quash for the reasons set forth below.
On January 9, 2019, Petitioner Watch Tower Bible & Tract Society of Pennsylvania ("Watch Tower") filed this action to request that the Court issue a subpoena pursuant to the Digital Millennium Copyright Act ("DMCA") to Reddit, Inc. to discovery the identity of Darkspilver (the pseudonym used by someone who posted on Reddit). On January 16, 2019, the Clerk issued the subpoena. Watch Tower served the subpoena on Reddit on January 24, 2010. (Dkt. 12 (Declaration of Paul D. Polidoro), ¶ 11.) Reddit has not yet provided Darkspilver's identity and filed a document stating that it joins in Darkspilver's motion to quash.
Darkspilver was raised as a Jehovah's Witness and has been a member of that community his1 whole life. (Dkt. 8-1 (Declaration of John Doe (Darkspilver)), ¶ 3.) Many of Darkspilver's friends and family members are currently active Jehovah's Witnesses, and Darkspilver considers himself a practicing Jehovah's Witness. (Id. )
Darkspilver states that there are aspects of the organization of Jehovah's Witnesses' teachings and practices that he questions and that he does not feel as though he can openly discuss his views with other members of the community. (Id. , ¶ 4.) He states that different opinions and questions are strongly discouraged. (Id. )
Darkspilver states that, in his experience, people who voice their disagreement or doubts "face rejection [by] and disapproval" from other members of the Jehovah's Witness community, including leadership and ordinary members. (Id. ) Those who openly disagree with the organization's teachings publicly may be labelled "apostates" and be "excommunicated" or "disfellowshipped" from the community. (Id. ) Other Jehovah's Witnesses, including friends and family members, cut off ordinary social interactions with people who have been disfellowshipped. (Id. ) Darkspilver has personal knowledge of people who, after voicing certain opinions, have been shunned by Jehovah's Witnesses, including people with whom they had close relationships. (Id. )
Reddit is a social media platform where people can post to different forums. Reddit allows people to use pseudonyms to communicate. For the past few years, Darkspilver has participated in a Reddit forum for self-described former Jehovah's Witnesses. (Id. , ¶ 5.) Although Darkspilver does not consider himself a "former" member, he believes that it is the only place he has been able to discuss and debate matters related to the Jehovah's Witnesses freely and openly. (Id. ) Darkspilver also chose Reddit because of his ability to communicate anonymously on the site. (Id. ) Darkspilver states that keeping his name and identity private is necessary for him to feel comfortable participating in open discussions about religious teachings and practice. (Id. )
Darkspilver does not live in the United States. (Id. , ¶ 6.) According to a map made by participants in the Jehovah's Witness forum, many of the participants reside in the United States. (Id , ¶ 6; Dkt. 12, ¶ 9; Dkt. 12-4 () Watch Tower states that, as of April 9, 2019, there were "34.1 thousand reported subscribers" to the Reddit forum, which is an increase from the approximately 29,000 subscribers in November 2018 before Watch Tower issued the subpoena regarding Darkspilver. (Dkt. 12, ¶¶ 6, 8.) Watch Tower issued notices of copyright infringement under the DMCA to Darkspilver and to one other subscriber to the Reddit forum. (Id. , ¶ 6.)
On February 7, 2019, Reddit informed Darkspilver of Watch Tower's subpoena for Darkspilver's identifying information based on two of Darkspilver's anonymous posts in the Reddit forum: (1) an advertisement and (2) a chart. (Dkt. 8-1, ¶¶ 7, 8.) Watch Tower states that both of these items are copyrighted works. (Dkt. 12, ¶ 2.) The advertisement, which was published in a Watchtower magazine, encourages people to make donations to the Jehovah's Witnesses and directs readers to make donations through the website donate.jw.org. (Dkt. 8-1, ¶ 8; Dkt. 8-2 (Ex. A).) Darkspilver states that, to his knowledge, both the Watchtower magazine and the advertisement are available for free online. (Dkt. 8-1, ¶ 8.) Watch Tower published this advertisement on line at JW.ORG and on the back cover of the 32-page November 2018 issue of The Watchtower – Announcing Jehovah's Kingdom. (Dkt. 12, ¶ 2; see also https://www.jw.org/en/publications/magazines/watchtower-study-november-2018.) Darkspilver's stated that his reason for posting the advertisement on the Reddit forum was:
to show how openly the organization was petitioning for financial donations from members, to illustrate the organization's use of commercial advertising design, and to point out the organization's encouragement of online donations. All of these represented major changes from the teachings and practices the organization had ... espoused in the past. [Darkspilver] wanted to inform others and spark discussion about the organization's tone, message, and fundraising practices.
(Dkt. 8-1, ¶ 9.) Darkspilver did not make any money by posting the advertisement on the forum. (Id. )
Darkspilver also posted a screenshot of a chart with information about the personal data the Jehovah's Witness organization stores and processes along with citations to relevant provisions of a European Union data privacy law called the General Data Protection Regulation. (Id. , ¶ 10; Dkt. 8-4 (Ex. C).) The chart was an internal document that Watch Tower did not intend to publicly distribute. (Dkt. 12, ¶ 2.) Darkspilver created this image by using data in an Excel file that he re-formatted to make it more visually appealing and easy to read on a screen. The Excel file that Darkspilver used to create this image is attached as Exhibit D to his declaration. (Dkt. 8-1, ¶ 10; Dkt. 8-5 (Ex. D).) Darkspilver's stated that his reason for posting the chart on the Reddit forum was "to provide information to people in the Jehovah's Witness community about the type of information the organization actually stores and what it does with that information." (Dkt. 8-1, ¶ 11.) Darkspilver is "aware of concerns that some former Jehovah's Witnesses have with respect to data the organization collects and stores," including "records of the number of hours individual Witnesses spend doing direct evangelical outreach" and "internal handling of many issues, including abuse allegations." (Id. ) Darkspilver concludes: "Although some people are concerned about data in the organization's possession, I am concerned about excessive deletion of stored information, largely because it might include information about past abuses (or the handling of past abuses) that might be helpful in the future for discovering or substantiating claims." (Id. )
Darkspilver has serious concerns about Watch Tower obtaining his identity. He believes that it would chill his speech and would damage or destroy his relationships with friends and family who remain active members of the Jehovah's Witness community. (Id. , ¶ 12.) Darkspilver believes that Watch Tower would be able to use information from Reddit to determine his real identity based on the information the Jehovah's Witnesses have collected about him, including his name and address. (Id. ) Darkspilver explains that he has been part of the Jehovah's Witness community his whole life, and so the pain of social exclusion would be overwhelming. Additionally, if his identity is revealed, Darkspilver would not feel comfortable talking about his experience openly online. (Id. ) Darkspilver would not have shared truthful information or commentary regarding the Jehovah's Witness organization if he knew that his name would be revealed. (Id. ) Darkspilver has already stopped posting on the former Jehovah's Witness Reddit forum and, if his identity is disclosed, he will not begin again. (Id. )
In support of his motion, Darkspilver also submits newspaper articles recounting stories from former Jehovah's Witnesses who were shunned or disfellowshipped from the religion. (Dkt. 8-6 (Declaration of Alexandra Moss); Dkt. 8-7 (Ex. A).)
Watch Tower submits messages from subscribers to the Reddit forum after Darkspilver filed this motion to quash the subpoena. (Dkt. 12, ¶ 7; Dkt. 12-1 (Ex. A).) Some subscribers posted messages stating that their speech would not be chilled by Watch Tower's efforts to obtain the identity of people they accuse of copyright infringement, but it is unclear if those users are, like Darkspilver, current members of the Jehovah's Witnesses. (Dkt. 12-2 (Ex. B).)
Watch Tower is not Darkspilver's local church and does not have the ability to excommunicate him from his local congregation. (Dkt. 12, ¶ 10.) Watch Tower states that no person who has been the subject of a DMCA subpoena has been excommunicated from his or her local church as a result of Watch Tower's learning his or her identity and that Watch Tower has not disclosed to the public the names of individuals who were the subjects of DMCA subpoenas. (Id. )
Watch Tower contends that the advertisement and the chart are protected by copyright and that Darkspilver...
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