Judge Temporarily Rules Against Xircom in Its Subpoena of Yahoo

A Ventura County judge Monday temporarily blocked Xircom Inc.’s attempt to unmask an anonymous online critic. But the ruling was based on a legal technicality, and the judge indicated that he was not swayed by arguments that Xircom’s efforts violate free speech.

The ruling comes amid a surge in the number of subpoenas issued by public companies seeking to uncover the identities of their online foes. The tactic has raised concern among Internet free-speech advocates that companies are abusing the legal process solely to intimidate critics.

Xircom, a Thousand Oaks-based maker of computer modems, has filed a “John Doe” lawsuit that accuses an anonymous Internet user of defaming the company in postings to a message board operated by Yahoo Inc. Xircom recently issued a subpoena to Yahoo requesting the anonymous user’s real name.

That subpoena was quashed on procedural grounds Monday, as Ventura County Superior Court Judge John Hunter ruled that Xircom had failed to adequately serve notice of its suit, according to Megan Gray, a Los Angeles attorney who represents the defendant in the case.

Gray had also tried to argue that her client’s anonymous postings are a form of constitutionally protected speech. But the judge indicated that he would not have quashed the subpoena on those grounds.

The ruling paves the way for Xircom to serve a new subpoena to Yahoo, which the company said it planned to do by late Monday.

Gray said her client may file a motion to quash the new subpoena, seeking a clear ruling on the constitutional issue that could then be appealed.