EFF Fighting Subpoena in Pa. Corp. Suit Against Anonymous Blogger

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USA Technologies, Inc., a Malvern, Pa., corporation that provides cashless microtransactions, has filed suit in the U.S. District Court for the Eastern District of Pennsylvania, seeking the identities of anonymous bloggers "Stokklerk" and "Michael_ Moore_ is Fat" (USA Technologies, Inc. v. John Doe & Jane Doe..., Case No. 09-3899).

The Complaint includes counts alleging defamation and violations of Section 10(b) the Securities & Exchange Act of 1934 [15 U.S.C. sec. 78j(b)] against anonymous Yahoo! message board posters who criticized the plaintiff's management performance. The defendants are being represented by the Electronic Frontier Foundation, proponents of the argument that the use of subpoenas to unmask anonymous bloggers in civil actions violates the bloggers' First Amendment free speech rights.