In The Matter of Four Subpoenas dated October 30, 2007, May 6, 2008, May 6, 2008 and May 8, 2008 (New York v. Tsabar), No. 45278/2007 (N.Y. Sup. Ct., Bronx County 2008).

Status: Subpoenas withdrawn

In January 2008, a Bronx County Assistant District Attorney sent a subpoena to the owners of Room Eight (www.r8ny.com), a group blog focusing on New York City politics, seeking information to identify the authors of 29 blog posts, written by a pseudonymous contributor to the blog, and several anonymous contributors. The subpoena included the warning that disclosure by the site owners of the fact that they had received the subpoena – including telling the effected bloggers -- would impede an unspecified investigation (later revealed to be an investigation of death threats against a local political official), and could be prosecuted. The site owners filed a motion to quash the subpoena, and argued that they should be able to contact the pseudonymous and anonymous bloggers. They also threatened a federal lawsuit. In July, the District Attorney’s office withdrew the subpoena.

Links and Court Documents:

Case documents: http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=489

http://www.nytimes.com/2008/07/15/technology/15law.html

http://www.nydailynews.com/blogs/dailypolitics/2008/07/room-8-ungagged-dishes-on-bronx-da.html

http://blogs.wsj.com/law/2008/07/15/did-das-subpoena-bind-bloggers-to-silence/

http://volokh.com/posts/1216092524.shtml

http://www.nydailynews.com/ny_local/2008/07/16/2008-07-16_death_threats_net_rant_hound_bronx_board.html

www.citmedialaw.org/threats/new-york-v-tsabar

http://buffalopundit.wnymedia.net/blogs/archives/6718

http://www.r8ny.com/blog/admin/room_eight_fights_bronx_subpoena_wins.html