Memorandum Points and Authorities

Cal. Super. - 6th Dist.March 29, 2021

U1-bUJN KOOOQON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21CV381417 Santa Clara - Civil Anthony D. Giles (State Bar N0. 178876) Law Office of Anthony Giles One Sansome Street, Ste 3500 San Francisco, CA 94104 Tel: (415) 839-2099 Email: anthony@anthonygiles.com Attorney for Plaintiff Michael Miskovsky V. Casta Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/23/2021 10:54 AM Reviewed By: V. Castaneda Case #21 CV381 41 7 Envelope: 7926631 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MICHAEL MISKOVSKY, Plaintiff, V. JOHN DOE, Defendant. Relief Requested Case No. 21CV381417 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF MISKOVSKY’S MOTION FOR ORDER DIRECTING CHARTER COMMUNICATIONS, INC TO PRODUCE INFORMATION PURSUANT TO THE FEDERAL COMMUNICATIONS ACT Dept: Date: Time: Plaintiff seeks an order of the Court directing Charter Communications, Inc. (“Charter”), an internet service provider, to identify to Plaintiff one of its subscribers who has unlawfully gained access to Plaintiff’s Gmail account. Charter does not oppose this motion, but cannot disclose the information without a court order. Nature 0f the Case, Discovery So Far, and the Authority for the Order This fact section is based entirely upon the Declaration of Anthony Giles filed herewith. Plaintiff Miskovsky has deduced from a certain pattern of financial and other actions that someone has illegally gained access t0 his Gmail account and used private information in that account for their benefit and to his detriment. Gaining unauthorized access t0 another’s e-mail account is a Violation of California Penal Code section -1- 502. Penal Code section 502(6) authorizes a MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF MICHAEL MISKOVSKY’S MOTION FOR ORDER DIRECTING PRODUCTION OF RECORDS PURSUANT TO THE FEDERAL COMMUNICATIONS ACT Case N0. 21CV381417 weda U1-bUJN KOOOQON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 private right of action “against the Violator for compensatory damages and injunctive relief 0r other equitable relief.” This lawsuit is brought pursuant to that provision. Miskovsky does not know Who accessed his account, although he has suspicions, so the defendant is not named yet. The first step in the discovery was a subpoena to Google. Eventually after objections Google’s legal department documents were produced that reveal that, in the limited time period for Which Google could produce records, there had been at least one unauthorized access. That was identified not by person, 0f course, but by a type of IP address called an IPv6 address. Miskovsky by his own research has discovered that the IPv6 address in question is issued by Charter Communications, Inc. and propounded a subpoena in this case t0 Charter. Charter responded that, under federal law, it could provide the information, but only pursuant t0 a court order. Charter has confirmed that it does not oppose this motion, and even provided a template for the court order. Giles Dec. EX. Federal telecommunications law, at 47 USC 551, allows internet service providers (ofWhich Charter is one) t0 disclose the identity 0f subscribers “pursuant t0 a court order authorizing such disclosure, if the subscriber is notified 0f such order by the person t0 Whom the order is directed.” Miskovsky’s case cannot proceed at all unless the identity 0f this subscriber is provided. For the foregoing reasons Plaintiff Miskovsky requests that the Court enter the order in the form proposed. Dated: December 23, 202 1 Law Office 0f Anthony Giles by /s/ Anthony D. Giles Counsel for Plaintiff Miskovsky -2- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF MICHAEL MISKOVSKY’S MOTION FOR ORDER DIRECTING PRODUCTION OF RECORDS PURSUANT TO THE FEDERAL COMMUNICATIONS ACT Case N0. 21CV381417