Verizon Ordered to Disclose Names of Internet Subscribers Suspected of Offering Copyrighted Music for Downloading

On April 24, 2003, a federal judge of the U.S. District Court for the District of Columbia denied Verizon Internet Services' ("Verizon") motion to quash a subpoena requiring it to identify a subscriber who was suspected of illegally sharing music online. The Recording Industry Association of America ("RIAA") had served the subpoena on Verizon pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"). Under the DMCA, a copyright holder can request a subpoena by asserting that a violation has occurred. The subpoena can be issued from any U.S. District clerk's office without requiring a judge's signature. Verizon put forward constitutional challenges, arguing that the Court's construction of § 512(h) of the DMCA does not provide sufficient safeguards to protect Internet users' rights of expression and association. Therefore, Verizon argued that § 512(h) violates the First Amendment Rights of Internet users. In addition, Verizon argued that § 512(h) violates Article III of the Constitution because it authorizes federal courts to issue subpoenas in the absence of "case or controversy" pending in federal court. Both of these arguments were rejected. The DMCA requires copyright holders to provide sworn declarations that any information sought by Internet providers will only be used to protect their own copyrighted materials. In addition, Internet service providers have the right to contest the subpoenas. In the Court's opinion, these were sufficient safeguards to prevent any substantial encroachment on the First Amendment rights of Internet users. Although Verizon argued that this system had the potential for cyber-stalking and other abuses, the Court held that "[t]here is nothing in the record to indicate that the DMCA subpoena authority has been used for stalking or other fraudulent purposes." In Justice Wilson's opinion, "Verizon's bald speculations of mistakes, abuse or harassment" have yet to occur to any degree. To view a copy of the decision, visit: http://www.dcd.uscourts.gov/03-ms-0040.pdf For more information, visit: http://news.findlaw.com/ap/ht/1700/4-24-2003/20030424150002_13.html http://news.findlaw.com/legalnews/documents/archive_v.html Summary by: Nick Wong