Legal Question in Technology Law in Missouri

Charter is my internet providor. They have recieved a subponea from the United States District Court for Middle of Florida to provide them with my personal information (along with 4,000) other people for file sharing. I have never shared a file and at the time in question, my home WIFI did not have adaquate security measures. Charter has stated I need to file a "motion to quash". Can you tell me if a) this Court has jurisdiction over me as I am a Missouri resident and b) how can i file this motion.


Asked on 3/26/12, 9:36 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The court doesn't need to have jurisdiction over you. It only needs to have jurisdiction over Charter, which it presumably does. Charter, after all, is the one being ordered to turn over records. The court hasn't ordered you to do anything.

You are not required to bring a motion to quash, but if you choose to you will thereby give the court jurisdiction over you -- at least for purposes of deciding your motion.

If the plaintiff gets your information and decides to go after you for file-sharing (even if you really haven't done this, the plaintiff might believe you have), it will file a new lawsuit in a court that does have jurisdiction over you.

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Answered on 3/26/12, 8:04 pm


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