In re DMCA Section 512(h) Subpoena to Reddit, Inc.

Watch Tower Bible and Tract Society, the governing organization of Jehovah's Witnesses, used a DMCA Section 512(h) subpoena to Reddit in early 2019 to unmask an anonymous user, Darkspilver, who posted critical commentary in the r/exjw community. Represented by the Electronic Frontier Foundation, Darkspilver moved to quash, arguing the posts were lawful fair use and that disclosure risked his being disfellowshipped. A magistrate judge initially allowed narrow attorney's-eyes-only disclosure, but on objections the district court fully quashed the subpoena. The court held the posts constituted fair use and were non-infringing, so there was no basis under the DMCA to compel disclosure of the user's identity. The First Amendment interest in anonymous speech weighed in Darkspilver's favor.