Want to stay current on e–commerce law? Sign up for Email Newsletter.
U.S. Court of Appeals Overturns Rulings of District Court in File Sharing Cases
In Recording Industry Association of America, Inc. v. Verizon Internet Services, Inc., the U.S. Court of Appeals for the District of Columbia overturned two district court decisions ordering Verizon to disclose the identities of subscribers suspected of trading copyrighted music through file sharing programs. The decision concerns § 512(h) of the Digital Millennium Copyright Act, under which RIAA served subpoenas upon Verizon to obtain the names of anonymous file swappers. Verizon refused to comply with the subpoenas and challenged their validity. The district court rejected Verizon's statutory and constitutional arguments.
The appeals court, however, accepted Verizon's statutory argument that § 512(h) does not authorize the issuance of a subpoena to an Internet service provider (ISP) who acts only as a conduit for data transferred between two Internet users. The court stated that a subpoena may be issued only to an ISP engaged in storing infringing material on its servers. The court did not, however, deal with the constitutional issues of whether the district court has the jurisdiction to issue a subpoena with no underlying "case or controversy" before the court, and whether § 512(h) contains sufficient safeguards to protect an Internet user's ability to speak and associate anonymously.
For a copy of the case, visit:
http://news.com.com/pdf/ne/2003/riaa.pdf
For additional information, visit:
http://www.nytimes.com/2003/12/20/technology/20MUSI.html
http://www.bayarea.com/mld/mercurynews/news/7537756.htm