Ex Parte Discovery Order To ISPs, E-Mail Providers, Issued In Bank Phishing Scam Lawsuit

A bank and related entities filed an action alleging that a group of unidentified "John Doe" parties engaged in a "phishing scam" that targeted e-mail recipients with false e-mail messages leading to fake Web sites in an attempt to induce them to transmit confidential financial information.  First National Bank of Nebraska, Inc. v. Does, No. 8:06CV504, 2006 U.S. Dist. LEXIS 53881 (D. Ne. July 26, 2006).

The complaint alleges numerous causes of action including trademark infringement, fraud, cyberpiracy and various state common law torts. A magistrate judge concluded that the issuance of subpoenas to Internet Service Providers, e-mail providers and other parties in order to identify and locate the unidentified defendants accused of participating in the scam was "reasonable and supported by good cause."

The opinion is available at http://www.thelen.com/tlu/brmfs/FNBvDoesExParteRelief.pdf