Is It Possible to Identify Disposable Accounts? Explaining the Process and Appropriate Legal Measures
Are you struggling with defamation from “throwaway accounts”? You are not alone. The anonymity of these accounts emboldens some individuals to engage in defamation. Moreover, these anonymous accounts are not only used for defamation but also for committing fraudulent and other malicious acts.
Is it possible to identify the individuals behind these so-called throwaway accounts? This article introduces concrete methods for identifying the posters of throwaway accounts and taking legal action against them. From preserving evidence to filing requests for disclosure of sender information, and pursuing legal responsibility, we provide a detailed explanation from the perspective of experts.
Understanding Disposable Accounts on Social Media
Disposable accounts on social media are created with the intention of being abandoned after a short period or on the assumption that any issues arising will not affect the user’s real identity. They are used for various purposes, such as anonymous posting, personal information protection, and managing multiple accounts for different uses.
These accounts are personalityistic for those who wish to speak freely without revealing their real names, or when registering for services deemed untrustworthy, where users prefer not to use their main email addresses. Additionally, they are created for a wide range of purposes, such as managing different accounts for various hobbies and interests, or for use as a secondary, private account.
While disposable accounts are intended for temporary use, primary accounts (main accounts) are used continuously as the user’s main profile. Primary accounts often include real names and profile pictures, and are used for interacting with friends and acquaintances.
Even Disposable Accounts Can Be Traced to the Poster
Disposable accounts can be used anonymously, making it impossible to identify individuals through account information alone. However, it is possible to trace the poster by using the IP address associated with the post.
An IP address is a unique identifier assigned to devices connected to the Internet. These IP addresses are managed by Internet Service Providers (ISPs).
Even posts from disposable accounts have their IP addresses recorded. The first step in addressing defamation from such accounts is to identify which ISP is managing the IP address in question.
Steps to Take Before Identifying the Poster of a Disposable Account
Not all posts can be traced back to their posters. There are specific and limited circumstances under which identification is possible, and there are steps that should be taken before attempting to do so.
- Check if the post in question infringes on any rights
- Record the date and time when the post was made
- Ensure that clear evidence is preserved
Let’s explain each of these in detail.
Check if the Post Infringes on Any Rights
To identify a poster, it is crucial to determine whether the content of the post is illegal. If the content is not illegal, it does not meet the requirements for disclosure of information, making it impossible to identify the poster.
Generally, posts that contain defamation can be considered criminal offenses under the law, such as slander or libel. To be considered defamation, the following three conditions must be met:
- Publicity: The post must be visible to many people
- Defamatory content: The content must be damaging to one’s honor
- Indication of fact: The content must attack someone using some basis of fact
In cases where these conditions are not met, such as mere insults like “idiot,” it may still constitute an offense of insult, but it differs from defamation.
If these conditions are not met and the post is deemed not illegal, it is impossible to identify the poster. It is also effective to seek the opinion of a specialist to determine whether the content constitutes an infringement of rights or a criminal act. Consulting with professionals such as lawyers can lead to appropriate judgment and response.
Record the Date and Time of the Post
If you wish to identify the poster of a disposable account, it is important to check the date and time of the post and respond as quickly as possible. This is because the period during which social media companies typically store logs, such as IP addresses, is generally limited to about three months. Once this period has passed, the logs may be deleted, making identification difficult.
Even if you have preserved evidence such as screenshots or web archives, it is meaningless if the log retention period has expired. Therefore, upon discovering a problematic post, it is necessary to promptly verify the posting date and time and proceed with the procedures within the storage period.
Preserve Clear Evidence
When victimized, the first thing to do is to secure evidence of the illegal post. Since there is a possibility that the post may be deleted, it is essential to preserve evidence promptly.
Printing out the content and URL of the post is a reliable method, but if you do not have a printer, you must save it in another way. If you leave it without preserving evidence, you may not be able to prove the illegality if the post is deleted. Always secure evidence and prepare for any future disputes.
Methods for Identifying Posters of Disposable Accounts
To identify posters from disposable accounts, the following methods are effective:
- Request for disclosure of sender information
- Identification by the police
We will explain each method in detail.
Request for Disclosure of Sender Information
If you are a victim of defamation or other harmful content on social media, you can request the disclosure of sender information to identify the poster. Traditionally, separate procedures were required for both the social media company and the provider (internet service provider) used by the perpetrator.
This is because the information held by the social media company is only the IP address used for the post, which is not sufficient to identify an individual. It was necessary to identify the provider from the IP address and then request the disclosure of subscriber information from the provider.
However, as of October 27, Reiwa 4 (2022), the amended Japanese Provider Liability Limitation Law has been enforced, and the previously required two-step legal process for requesting the disclosure of sender information can now be completed in a single non-contentious procedure. A non-contentious procedure is one in which the court handles the matter through a simplified process.
The procedure for requesting the disclosure of sender information takes some time. It is a guideline that it takes 1-2 months for an IP address disclosure request and 3-4 months for a subscriber information disclosure request. However, when dealing with foreign companies such as Google or X (formerly Twitter), it may take even longer.
Requesting the disclosure of sender information may require specialized knowledge, so it is recommended to consult with professionals such as lawyers. For more details, please see the related article below.
Related article: What is a Request for Disclosure of Sender Information? A Lawyer Explains the New Procedures Established by the Amendment[ja]
Identification by the Police is Possible Only in Cases of Criminal Offenses
Defamation or insult via email is often judged to be non-illegal, making it difficult to identify the owner of a disposable account. However, if the content of the email constitutes a criminal offense, the police may identify the sender as part of their investigation.
Specific examples include threats that suggest murder or violence, such as “I’ll beat you or your family,” or extortion and coercion crimes, such as “Pay money or I’ll expose XX” or “Do XX,” and stalking behavior. These emails may pose a danger to life or property, so the police may actively initiate an investigation. Also, if a complaint or accusation has been filed and the case has already been established, the police will identify the sender.
Next, the police will determine the IP address at the time of sending from the header information of the disposable account and identify the provider from the IP address. Then, they will request the provider to disclose personal information to identify the sender.
However, these procedures are limited to cases where there is a risk of serious incidents such as murder or injury, or where a complaint or accusation has already been filed and the case has been established. Since it is difficult to judge the illegality from the content of an email, if you feel even a slight unease, please consult with the police first.
Responding After Identifying Anonymous Accounts
After identifying an anonymous account, what steps should you take? We explain below.
Initiate Provisional Disposition Procedures to Request Post Removal
Once the provider is identified, we file for a provisional disposition order to prevent the deletion of records necessary to identify the poster.
- Initiate provisional disposition procedures to request the removal of the post.
- File for a provisional disposition order to prevent the deletion of sender information (to prevent the records from being deleted).
The procedure ensures that the provider cannot delete information such as IP addresses stored by them until the request for disclosure of sender information is completed. As many providers automatically delete information after a certain period, this procedure is crucial.
The application for a provisional disposition order to prevent the deletion of sender information is made at the court with jurisdiction over the provider’s head office location, which is often the Tokyo District Court. If the procedure goes smoothly, the court will issue an order to the provider to prevent the deletion of information within approximately two weeks.
In parallel with the application for a provisional disposition order, it is also possible to initiate procedures to request the removal of the post. This can prevent the spread of the post and curb the expansion of damage.
The provisional disposition procedure involves filing a petition with the court to take temporary measures in urgent cases. If the provisional disposition to request the removal of the post is granted, an order will be issued to the provider or site operator to remove the article.
Pursue Civil Liability
If the poster is identified, civil liability can be pursued against them. This includes measures such as claims for damages and compensation for emotional distress.
If you have suffered emotional distress due to illegal posts such as defamation, you can claim compensation for emotional distress. Furthermore, if specific damages have occurred, such as loss of work or social credibility due to the post, a claim for damages is also possible.
These claims not only hold the poster legally responsible but also serve to prevent recurrence. Legal action makes the poster recognize the seriousness of their actions and deters them from repeating similar behavior.
Pursuing civil liability can proceed more smoothly with the assistance of professionals such as lawyers. With expert support, you can confidently handle various aspects, such as calculating the appropriate amount of claims and progressing procedures.
Summary: Consult a Lawyer for Identifying and Addressing Disposable Account Issues
Identifying disposable accounts on social media is by no means an easy task. It involves assessing whether the content posted is illegal, proceeding with requests for the disclosure of sender information, and taking legal action after disclosure, all of which require specialized knowledge.
In particular, the process for requesting the disclosure of sender information has been simplified due to amendments to the Japanese Provider Liability Limitation Law, but it remains a complex procedure. Moreover, to have a disclosure request granted, one must prove that the posted content constitutes illegal activity, such as defamation or insult.
These judgments are difficult without expertise, and incorrect responses can potentially worsen the situation. Therefore, when considering identifying a disposable account, it is advisable to consult with a professional, such as a lawyer.
Consulting with a lawyer can offer the following benefits:
- Assessment of the illegality of the posted content
- Representation in the procedure for requesting the disclosure of sender information
- Consideration of legal actions after disclosure
Defamation and harassment from disposable accounts are never acceptable. Do not suffer in silence; seek the assistance of a professional and take a firm stand.
Guidance on Measures by Our Firm
Monolith Law Office is a law firm with extensive experience in both IT, particularly the internet, and legal matters. In recent years, information related to reputational damage and defamation spread online has caused serious harm as a ‘digital tattoo.’ Our firm provides solutions to address the challenges posed by ‘digital tattoos.’ Please refer to the article below for more details.
Areas of practice at Monolith Law Office: Digital Tattoo[ja]
Category: Internet
