BROOKLYN, NY – A federal magistrate judge has granted adult film company Strike 3 Holdings, LLC permission to subpoena an internet provider to identify an anonymous user accused of illegally downloading its copyrighted content.
The order, issued by U.S. Magistrate Judge Vera M. Scanlon in the Eastern District of New York, allows Strike 3 to serve a subpoena on Spectrum, the Internet Service Provider linked to IP address 142.255.126.58.
Strike 3 alleges that the subscriber associated with that address unlawfully distributed copyrighted films using BitTorrent technology.
The company requested early discovery under Rule 26(d)(1) of the Federal Rules of Civil Procedure, arguing that it cannot identify or serve the defendant without the ISP’s cooperation.
Judge Scanlon found “good cause” to grant the request, allowing Strike 3 to obtain the subscriber’s name and address before the formal discovery phase.
Protective conditions imposed
The court emphasized that revealing a subscriber’s information carries risks because the account holder may not be the actual infringer.
In similar cases, courts have noted that an IP address may be used by family members, employees, or others without the subscriber’s knowledge.
Because the allegations involve downloading adult material, the court required protective measures to avoid harming the reputation of a potentially innocent individual and to prevent abusive litigation tactics.
Part of ongoing nationwide litigation trend
Strike 3 Holdings has filed hundreds of similar copyright lawsuits across the country in recent years, typically seeking to identify internet users linked to its film downloads.
The ruling follows earlier Eastern District decisions permitting early subpoenas but under strict confidentiality conditions.
Judge Scanlon’s order adopts reasoning from prior cases, including Strike 3 Holdings v. Doe, No. 20 Civ. 4501, which outlined safeguards against misuse of subscriber data.
The ISP will now be required to disclose the subscriber’s identity to the plaintiff’s attorneys under court supervision, allowing formal service of the lawsuit to proceed.
A Brooklyn court once again balanced copyright enforcement with privacy rights in the digital age.
