This afternoon ACLU attorneys filed documents to quash the subpoenas and oppose Mattel's request for a preliminary injunction. Supporters applaud the idea, saying it allows attorneys to respond in accelerated ''Internet time'' to new issues of law and technology.
Critics say it's unworkable because e-mail can be falsified or forged so easily.
And unlike with human delivery, it can be nearly impossible to verify that an e-mail subpoena was served successfully. It has come to our attention that your Web hosting service or Web site is publishing one or both of these prohibited files,'' Schwartz's e-mail said. He also included a subpoena demanding electronic logs identifying the people who downloaded the files. ''It makes sense. You want to put people who might conceivably be in violation of a court order that they're on notice,'' said Schwartz, who sent dozens of the e-mails and received a few ''snooty messages'' in reply. McCullagh published on his personal Web site archived messages about the controversy.