The 3rd Panel of the STJ, when ruling on REsp 2.170.872, established the understanding that internet service providers are required to identify users based solely on the IP address and the approximate time when the alleged unlawful act occurred, without the need for prior indication of the logical port used.

The reporting judge, Minister Nancy Andrighi, emphasized that the STJ’s jurisprudence already establishes that the obligation to store and provide information regarding the originating logical port applies to both application providers and connection providers, as previously decided in REsp 1.784.156 and other precedents. Therefore,the identification of the user by the connection provider does not depend on the prior provision of information regarding the logical port by the application provider.

The Minister also pointed out that, according to Article 10, §1, of the Brazilian Internet Bill of Rights (Marco Civil da Internet), the judicial request does not need to specify the exact minute of the occurrence of the act. Although it is advisable for the requesting party to provide as much detail as possible to facilitate identification of the offender, absolute precision regarding the time is not a mandatory requirement for obtaining the records.

Thus,for the purpose of identifying the user, it is sufficient that the connection provider is judicially required to provide the data based on the IP address and the approximate time frame of the alleged unlawful act.

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