Posted: Wed Jun 23, 2010 7:48 am Post subject: anonymous email remailer
Someone has been sending hateful emails to a friend of mine through an anonymous remailer server. This has been going on for about a year. Every once in a while my friend would receive an anonymous email criticizing her as a person and as a professional in her job. Has this constituted a crime? If we report to the police or the FBI, what kind of legal grounds will be considered sufficient for them to subpoena user record from the remailer? What if the remailer is overseas? Thank you
Posted: Fri Aug 13, 2010 2:22 pm Post subject: Depends
Well, it depends on several different factors. Stalking or menacing seems like the closest fit. In most states, it requires some threat of violence, either direct or implied. So it depends on your state's stalking or equivalent statute. Was there an overt threat of violence? Some type of action that would carried out against the victim? This is the stuff that needs to be determined.
To get a subpoena, the issuing body usually needs reasonable grounds to believe a crime has occurred. So its usually an administrative decision based on the seriousness of the threat and the evidence you've given.
To get an international request for information might be more involved. There may be blocking statutes depending on whether its pursued civilly or criminal. Depends on the country involved. Hope this helps!
SN: This does NOT constitute legal advice. I have a JD and I have taken a state bar exam but I am not admitted to a bar association.
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