OPINION
¶1
The plaintiff, Bill Hadley, filed a defamation lawsuit against the defendant, Subscriber
Doe, a/k/a “Fuboy,” based on statements made by Fuboy in the comments section of a
newspaper website. After the suit was filed, Hadley requested the circuit court, pursuant to
Illinois Supreme Court Rule 224 (Ill. S. Ct. R. 224 (eff. May 30, 2008)), to order Fuboy’s
Internet service provider to disclose Fuboy’s identity. The circuit court granted the request and
the appellate court affirmed. 2014 IL App (2d) 130489. For the reasons that follow, we affirm
the judgment of the appellate court.
¶2
¶3
BACKGROUND
On December 28, 2011, the Freeport Journal Standard published an online newspaper
article entitled “Hadley returns to county politics. Candidate stresses fiscal responsibility.” The
article discussed plaintiff Bill Hadley’s decision to again seek election to the county board of
Stephenson County, Illinois. Online readers could post comments in response to the article
after completing a basic registration process. On December 29, an individual using the name
“Fuboy” posted the following comment: “Hadley is a Sandusky waiting to be exposed. Check
out the view he has of Empire1 from his front door.” Fuboy also made a second comment,
stating: “Anybody know the tale of Hadley’s suicide attempt? It is kinda ‘It’s a Wonderful
Life’ with Pottersville win[n]ing out. We can just be happy that Stephenson County is
fortunate enough to have this guy want to be of ‘service’ again.”
In early 2012, Hadley filed a defamation lawsuit in the circuit court of Stephenson County
against the parent company of the Freeport Journal Standard, Gatehouse Media (Gatehouse), a
New York corporation. Thereafter, Gatehouse provided Hadley the Internet Protocol (IP)
address acquired from Fuboy’s Internet service provider, Comcast Cable Communications
LLC (Comcast).2 This was the IP address from which the comments had been transmitted to
the Freeport Journal Standard’s website. On March 1, 2012, Hadley issued a subpoena to
Comcast, seeking the identity of the subscriber who had been assigned that IP address. The
next day, however, Gatehouse successfully removed the cause to federal court and the circuit
court action was subsequently dismissed.
While in federal court, Hadley issued a subpoena to Comcast, again seeking the identity of
the person assigned the IP address. On March 28, 2012, a representative from Comcast advised
Hadley’s counsel that it was preserving the records and information requested; that it had the
name and address of only one account holder of the IP address at issue; and that it required a
court order directing it to provide Hadley with the information. Based on these representations,
Hadley filed a motion for an order directing Comcast to turn over the records and information
it possessed regarding the IP address. The federal court granted Hadley’s motion, directing
Comcast to turn over information to Hadley regarding the IP address. However, the court also
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1
Empire Elementary School is in Freeport, Illinois.
“IP addresses identify computers on the Internet, enabling data packets transmitted from other
computers to reach them.” National Cable & Telecommunications Ass’n v. Brand X Internet Services,
545 U.S. 967, 987 n.1 (2005).
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