These include:

• Making sure the underlying complaint adequately statesa claim and possibly requiring the litigant to show evidence that supports theallegations or defense
• Requiring reasonable efforts to notify the anonymousauthor, enabling them time to intervene anonymously to quash the subpoena
• Determining that the litigant needs the PII toprosecute or defend the case and the information can’t be obtained throughother means.

So what do you do if you are the target of anonymouscommentary? Negative comments that appear on third-party forums, rating sitesand elsewhere is not necessarily actionable, Dunn says.

“The tolerance for legitimate consumer complaints andopinions, however, may not extend to competitors, disgruntled former employeesand those who assume the identities of others to lend credence to maliciousfalsehoods,” says Dunn. “In some cases, anonymous online harassment can be afederal crime. Whether to ignore, rebut or sue over defamation and false lightpresents a case by case decision, although violations of intellectual propertyrights will often require some form of legal response.”

Any potential plaintiff must be prepared to face thelegal, economic and technical hurdles to collecting on a civil verdict against– or even learning the identity — of an anonymous foe.