Attorney Steve® - Internet Lawyer | Subpoena for Domain Holder Identity | GoDaddy Domains by Proxy
This blog will provide general legal information on requesting and responding to subpoena requests to identify the owner of a domain name. Usually, a Plaintiff in a civil court action (many times a federal copyright, trademark or counterfeit/piracy case) a subpeona will be sent to your domain registrar to seek to identify who the "person" or owner behind a domain name. That can help show how the infringing party is, or who a counterfeiter is, or who is selling software without legal authorization.
Here is some general information from GoDaddy's website
Tips for Lawyers seeking to serve a subpoena
If you seek the identity or account information of a Go Daddy customer in connection with a civil or criminal legal matter, you must fax, mail, or serve GoDaddy.com, LLC with a valid subpoena. For criminal matters, you must be a member of the law enforcement community.Submission of Subpoenas
Go Daddy is headquartered in Scottsdale, Arizona and all subpoenas should be served at that location or mailed to:
Alternatively, the subpoena can be faxed to:
Go Daddy will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Go Daddy's e-mail servers do not retain deleted or sent e-mail.
Go Daddy reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Go Daddy e-mail address is related to the pending litigation and the underlying subpoena.Terms Specific to Civil Subpoenas:Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena, Go Daddy will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Go Daddy will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. Go Daddy reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Go Daddy.Fees for Subpoena Compliance
Go Daddy will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Go Daddy invoice. Checks should be made out to GoDaddy.com, LLC
Go Daddy's subpoena compliance costs are as follows:
You can contact the Domain Disputes Department at Go Daddy with questions regarding UDRP proceedings, litigation or other legal disputes involving domain names registered with Go Daddy or website content hosted with Go Daddy. Please review the following information and contact us regarding domain name disputes before filing a new legal action or if you have any other questions:
Hours of Operation: Monday-Friday 8am-5pm (Mountain Time)
Email address: [email protected]If Go Daddy is the registrar of the domain name in dispute or is hosting the content that is the subject of my complaint, do I need to name Go Daddy in the legal action I file?
No. It is not necessary to name Go Daddy in a legal dispute regarding a domain name registered or hosted at Go Daddy. Go Daddy will comply with any Order issued by a court of competent jurisdiction regarding the final disposition of the domain name or website at issue.Is it necessary to name Domains By Proxy in a legal action I file if the domain name uses Domains by Proxy's privacy service?
No. It is not necessary to name Domains by Proxy in a legal dispute. Domains by Proxy is a private registration service and has no control over the domain name or any associated website content. Like Go Daddy, Domains By Proxy will comply with any Order issued by a court of competent jurisdiction.What is the best way to submit court documents to Go Daddy?
Documents can be sent to [email protected]. Electronic copies via email are preferred and do not need to be followed up with hard copies.What should be included in court orders sent to Go Daddy?
Court orders should be as specific as possible, but at a minimum, must include:
• The affected domain name(s) and, for content we are hosting, the specific URLs where the hosted content is located. (Please only provide us with orders for content we host.)
• The specific action that Go Daddy is being requested to take regarding the domain name and/or associated website.
• If plaintiff is seeking control of a customer's Go Daddy account, the court order must specify the Go Daddy account number. (Please only pursue this option if all domain names in the account are related to the litigation.)Can non-US based court documents be submitted?
Yes. If the documents are not in English, we require the following:
• Original court-stamped copy, and
• A certified translation of the court-stamped copy into English.Are there additional requirements for Settlement Agreements?
Yes. In order for Go Daddy to implement terms associated with a settlement agreement, the settlement agreement must:
• Involve litigation;
• Have notarized signatures from both parties;
• Specify the affected domain name(s); and
• Include a statement that the litigation will be dismissed with prejudice.Are there additional requirements for Receiverships?
Yes. All receivership orders must:
• Explicitly list the domain name(s) that are to be moved separately from other assets, and
• State that the Receiver is to manage and/or sell the domain name(s).
Similar rules apply to NameCheap (and Whois).
Contact a Domain Dispute Attorney
Our law firm was established in 2004 with an aim toward helping Arizona and California clients handle business & technology legal issues. We can help with subpoena response and UDRP domain name disputes.
If you need legal help with a Subpoena to Godaddy, Namecheap, DomainsbyProxy, LLC or Whois (or other domain name registrar, contact us at (877) 276-5084.
We can discuss wether a motion to quash is a good idea or not.
In some cases, information they seek (like email communications content) can be protected from disclosure by Federal privacy laws such as the ECPA, Wiretap Act and Stored Communications Act ("SCA").
You can also email us through our contact form.