Sunday, December 20, 2009

NB Court orders production of ISP data to litigant

Check out Dan Michaluk's summary of Carter v. Connors, 2009 NBQB 317, in which the New Brunswick Court of Queen's Bench ordered a litigant to obtain from her internet service provider a record of all her internet usage since the accident in issue to produce to the other side: Case Report – Another FaceBook production order made « All About Information.

I would be very surprised (shocked, actually) if the ISP kept a record of websites visited, going back five years.

From the first paragraph of the case:

[1] The Applicant-Defendant has brought a motion for an order that the Plaintiff, who is currently undergoing discovery examination by the Applicant’s counsel, provide an undertaking to have her Internet Service Provider, Bell-Aliant, disclose the history of her Internet use at her home from the date of a motor vehicle accident in 2004 until today. Included in that request is a specific ancillary request that, in the event the motion succeeds, the technician that assembles the Internet use record segregate as a discrete record, if possible, the time spent on the Internet social network site Facebook that may be disclosed in the Plaintiff’s Internet use account record. The Plaintiff has conceded in her examination that she also has an account on the social networking site Facebook. The motion is brought pursuant to Rule 33.12 of The Rules of Court but, practically speaking, under the auspices of Rule 32.06 and 33.08(3) of The Rules of Court.

1 comment:

Kevin Kindred said...

I would be even more shocked. :)