No Right of Action for Mere Possession of Satellite Piracy Equipment in US

In its opinion dated June 15, 2004 (DirecTV, Inc v Treworgy), the US 11^th Circuit Court of Appeals affirmed that section 2520 of the Wiretap Act, 1986 (Wiretap Act), does not create a private right of action arising from mere possession of access devices. DirecTV, Inc (DirecTV) brought suit against a Florida resident, Mike Treworgy, who had two pirated access cards for the DirecTV system. DirecTV filed a claim for the illegal possession and use of the cards under Section 2512(a) of the Wiretap Act. The Court noted that this cause of action arises "against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use" pirated equipment. Without more, the mere possession of equipment capable of being used for prohibited purposes was not sufficient to attract liability. This is the first appellate decision on the question, there being a substantial number of conflicting District Court cases, and tens of thousands of claims filed by DirecTV. In Canada, the Supreme Court of Canada decision in Bell ExpressVu v Rex confirmed that Section 9(1)(c) of the Radiocommunication Act is intended to protect both Canadian and foreign signals from unauthorized decoding. While the Canadian case was brought against an equipment vendor, and no case has yet proceeded against an end-user, it is generally understood that end-users may also be charged, and that the legislation contemplates the possibility of civil remedies for satellite TV distributors. For the complete text of the decision in Direct TV, Inc v Treworgy, June 15, 2004 03-15313 (11^th Cir), see: http://www.ca11.uscourts.gov/opinions/ops/200315313.pdf. For related commentary, visit: http://www.law.com/jsp/article.jsp?id=1087242917143. The Supreme Court of Canada decision in Bell ExpressVu Limited Partnership v Rex [2002] 2 S.C.R. 599, can be found at: http://makeashorterlink.com/?A5C724226. For a previous article in E-TIPSâ„¢ on the topic, "Canadian Satellite Pirates Beware!", see: http://makeashorterlink.com/?S41325F98. Summary by: Nicholas Whalen