Monday, April 28, 2008

Motion to quash denied in George Washington University case Arista v. Does 1-19

In Arista v. Does 1-19, the case targeting George Washington University students, the judge has denied the defendants' motion to quash the subpoena and vacate the Court's ex parte discovery order.

April 28, 2008, order and opinion denying motion to vacate ex parte discovery order* (-- F. Supp. 2d --, 2008 WL 1851772)

* Document published online at Internet Law & Regulation



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4 comments:

Anonymous said...

I had long thought, from previous cases in the technology area, that judge Colleen Kollar-Kotelly was smarter than this. I am sad to find myself so badly mistaken.

XK-E

Ray Beckerman said...

The decision was horribly unfair and incorrect. I am appalled.

hsm said...

Given the Microsoft case, the notion that Judge Colleen Kollar-Kotelly knows anything about technology seems absurd.

--hsm

Anonymous said...

"the act expressly authorizes the disclosure of a student’s “directory information”
pursuant to a lawfully-issued subpoena or court order."

This is incorrect. Directory Information maybe disclosed without a subpoena. Non-Directory Information aka the students educational record requires a subpoena under FERPA.

I don't think the judge has read the statue and is just relaying on the breifs.