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Illinois law has recognized the public's right to access and inspect public records and information about the workings of their government. [3] The courts have also recognized a common law duty to disclose public records, balanced against an individual's right to privacy and the interests of the government. [4]
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
The Freedom of Information Act (FOIA) is an Illinois statute that grants to all persons the right to copy and inspect public records in the state. The law applies to executive and legislative bodies of state government, units of local government, and other entities defined as "public bodies". All records related to governmental business are ...
However, a private party in a lawsuit may force an ISP to disclose non-content records (e.g. the name of the owner of an account, a list of email addresses to whom emails were sent, access times, etc.) through a subpoena. In addition, the government can obtain the records needed to identify the person behind an IP address using a subpoena.
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An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
Litigation was filed in federal court challenging the law shortly after it was enacted with final judgement in the Southern District of Illinois federal court issued Nov. 8.