## Facts

- Twitch Interactive, Inc. operates the Twitch.tv live-streaming platform; users must register accounts and agree to platform terms and policies.
- Twitch alleged that, in May 2019, unknown individuals “flooded” the Twitch directory for the game *Artifact* with prohibited material, including violent footage, pornography, copyrighted content, and racist and misogynistic videos.
- Twitch alleged it removed the material and permanently suspended accounts, but similar content rapidly reappeared through newly created accounts.
- Twitch contended the perpetrators used bots to manipulate viewer counts to drive traffic to the prohibited streams.
- Twitch alleged off-platform coordination through third-party services (including Discord and other online tools) and use of a website that displayed Twitch’s registered “GLITCH” mark to direct users to the campaign.
- Through internal investigation, Twitch connected the conduct to specific IP addresses and online accounts but could not identify the responsible individuals without provider-held subscriber data.
- Twitch sued 100 Doe defendants and moved ex parte for limited expedited discovery to serve third-party subpoenas on ISPs and online service providers to obtain identifying information.

## Issues

1. Whether Twitch made a sufficient showing to obtain expedited discovery to identify Doe defendants through third-party subpoenas.
2. Whether the proposed subpoenas were appropriately tailored and balanced against privacy concerns.

## Decision

- The court granted Twitch’s ex parte application for limited expedited discovery.
- The court authorized service of subpoenas on identified third-party providers (including major platforms and ISPs) to obtain information sufficient to identify the Doe defendants.
- The court limited discovery to identifying information tied to specified accounts, IP addresses, and relevant time frames, and restricted use of the information to this litigation.

## Legal Principles

- Expedited discovery to identify Doe defendants may be permitted when the plaintiff:
  - identifies the missing parties with sufficient specificity to show they are real persons or entities who could be sued;
  - describes reasonable prior efforts to identify them without court process; and
  - pleads claims that are plausible and able to survive a motion to dismiss at a prima facie level.
- Courts must weigh the need for early identification against privacy interests and require subpoenas to be narrowly tailored to information necessary for identification.
- Ex parte consideration may be appropriate where defendants are unknown and cannot be served, while subpoena recipients retain procedural avenues to challenge improper requests.

## Conclusion

The court permitted Twitch to use targeted, privacy-sensitive subpoenas to obtain subscriber and account information from third-party providers to identify anonymous individuals allegedly responsible for a coordinated campaign of prohibited uploads, bot-driven promotion, and trademark-related misconduct, allowing the case to proceed beyond Doe pleading.


Twitch Interactive, Inc. v. John & Jane Does 1 Through 100, No. 3:19-cv-03418-WHO, 2019 WL 3718582 (N.D. Cal. Aug. 7, 2019)