CRIA Launches Canadian Litigation to Force ISPs to Disclose Identities of Uploaders

Consistent with the example set by its US counterpart, the Canadian Recording Industry Association (CRIA) has applied for an order requiring five major Internet Service Providers (ISPs) to divulge subscriber information for 29 suspected music "uploaders". The motion, brought in the Federal Court of Canada, Trial Division, has been adjourned until March 12, 2004 to allow the defendants to review the scope of the order applied for as well as their ability to comply with the order. In the meantime, Justice von Finckenstein has ordered the ISPs to preserve all customer data related to the request. CRIA has requested the names, addresses, phone numbers and e-mail addresses of the 29 subscribers who are alleged to have posted extensive music collections on the Web. This is the first step towards bringing legal action for copyright infringement against the individual subscribers as alleged music pirates. Because consumers pay a levy on blank recording media, downloading free music is generally considered to be a legal activity in Canada. However, the law is less clear when it comes to making music available via the Internet for others to download. The ISPs named as respondents in CRIA's application include Shaw Communications Inc, Bell Canada, Rogers Communications Inc, Telus Corporation and Vidéotron Ltée. In addition, although they were not specifically named in the proceedings, SaskTel and Access Communications, the largest ISPs in Saskatchewan, have indicated that, if asked, they will refuse to hand over contact information to CRIA. This appears to be the first case of its kind since the federal Personal Information and Electronic Documents Act (PIPEDA) took effect. PIPEDA contains provisions permitting disclosure of personal information of Internet subscribers in accordance with a court order, but the limits of this procedure have yet to be tested. For further news items on this story, visit: http://makeashorterlink.com/?P2C925597; or http://www.shorl.com/bapyraprosijy. Summary by: Clare McCurley