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The National Conference of Bar Examiners is hunting for the anonymous person who published 41 questions from the 2006 Multistate Bar Examination on an Internet blog within hours of taking the exam last year. The conference — which develops and distributes the national portion of the semiannual bar exam, called the MBE — claims in federal court documents that whoever posted the questions on tabandbrandy.blogspot.com infringed the MBE copyright and disregarded instructions that prohibit exam-takers from disclosing exam questions and answers. Last week, lawyers from the D.C. office of Fulbright & Jaworski obtained a subpoena in federal court in Atlanta commanding Atlanta-based EarthLink Inc. to surrender the identity of the person who posted the questions — and, in some cases, answers — on the blog. In a letter to EarthLink’s legal department that was attached to the subpoena, Fulbright senior associate Caroline Mew stated that the firm had already successfully subpoenaed Google, from which it obtained the Internet protocol address of the blogger, and had identified the blogger’s server as EarthLink. The EarthLink subpoena marks the first time that the National Conference has attempted to track down an anonymous Internet poster and, possibly, seek civil damages for publishing exam questions online, says its president, Erica Moeser. Moeser says EarthLink lawyers responded to the subpoena request but did not provide the identity or e-mail address of the individual who posted the bar questions. EarthLink Corporate Communications Director Jerry Grasso declined to comment.
R. Robin McDonald is a reporter for The Daily Report , the ALM publication where a version of this article first appeared.

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