Mechanic
March 2nd, 2004, 07:03 AM
Friend-of-court brief
supports subpoenas
for customer data
By Peter Shinkle
Of the Post-Dispatch
The administration of President George W. Bush has entered the fray about music copying, siding with the recording industry in its efforts to force Internet service providers to release information about suspected copyright violators.
The Justice Department filed papers in the 8th U.S. Circuit Court of Appeals in St. Louis, arguing that federal law permits record companies to use subpoenas to obtain such information.
The department's "friend of the court" brief, filed last month, supports arguments made by the Recording Industry Association of America against Charter Communications Inc. of Town and Country, a cable operator and Internet service provider. Charter is asking the Court of Appeals to block the recording industry's subpoenas.
Meanwhile, 22 groups that oppose the industry's subpoenas - including privacy-rights groups, the Electronic Frontier Foundation and the American Civil Liberties Union - have filed "friend of the court" pleadings that support Charter.
In December, the U.S. Court of Appeals for the District of Columbia Circuit ruled in a case brought by telecommunications giant Verizon that federal law doesn't permit RIAA to use such subpoenas.
While RIAA seeks a rehearing in that court, the focus of the legal dispute has shifted, at least temporarily, to the Charter case in the Court of Appeals in St. Louis.
In its campaign, the RIAA has relied on the Digital Millennium Copyright Act to ask courts for subpoenas requiring Internet service providers such as Charter to surrender identifying information about suspected music downloaders, who then could be sued.
Last year, the RIAA used the law to subpoena information about hundreds of Charter customers without filing a lawsuit to make any formal claims against Charter.
Charter challenged the RIAA's actions, alleging the Digital Millennium Copyright Act unconstitutionally invades its customers' privacy. Charter also claims that the law allows RIAA to subpoena information only from companies that store digital information, not companies that, like Charter, primarily are conduits.
U.S. District Judge Carol Jackson dismissed Charter's objections in November, and Charter appealed to the 8th Circuit.
After Jackson ruled, Charter provided identifying information on about 200 of its customers. As part of its appeal, however, Charter wants that information returned.
The Justice Department, joined by the Copyright Office, contend in their friend-of-the-court brief that the Digital Millennium Copyright Act applies to conduits.
Giving Internet service providers immunity from subpoenas would undermine the law's purpose of protecting copyright holders, the government's lawyers contended.
In passing the Digital Millennium Copyright Act, Congress freed Internet service providers from liability for copyright violations, but required in exchange that they provide information about suspected infringers, the lawyers said.
The groups backing Charter say the cable operator's customers have a right to anonymity that is protected by the First Amendment.
supports subpoenas
for customer data
By Peter Shinkle
Of the Post-Dispatch
The administration of President George W. Bush has entered the fray about music copying, siding with the recording industry in its efforts to force Internet service providers to release information about suspected copyright violators.
The Justice Department filed papers in the 8th U.S. Circuit Court of Appeals in St. Louis, arguing that federal law permits record companies to use subpoenas to obtain such information.
The department's "friend of the court" brief, filed last month, supports arguments made by the Recording Industry Association of America against Charter Communications Inc. of Town and Country, a cable operator and Internet service provider. Charter is asking the Court of Appeals to block the recording industry's subpoenas.
Meanwhile, 22 groups that oppose the industry's subpoenas - including privacy-rights groups, the Electronic Frontier Foundation and the American Civil Liberties Union - have filed "friend of the court" pleadings that support Charter.
In December, the U.S. Court of Appeals for the District of Columbia Circuit ruled in a case brought by telecommunications giant Verizon that federal law doesn't permit RIAA to use such subpoenas.
While RIAA seeks a rehearing in that court, the focus of the legal dispute has shifted, at least temporarily, to the Charter case in the Court of Appeals in St. Louis.
In its campaign, the RIAA has relied on the Digital Millennium Copyright Act to ask courts for subpoenas requiring Internet service providers such as Charter to surrender identifying information about suspected music downloaders, who then could be sued.
Last year, the RIAA used the law to subpoena information about hundreds of Charter customers without filing a lawsuit to make any formal claims against Charter.
Charter challenged the RIAA's actions, alleging the Digital Millennium Copyright Act unconstitutionally invades its customers' privacy. Charter also claims that the law allows RIAA to subpoena information only from companies that store digital information, not companies that, like Charter, primarily are conduits.
U.S. District Judge Carol Jackson dismissed Charter's objections in November, and Charter appealed to the 8th Circuit.
After Jackson ruled, Charter provided identifying information on about 200 of its customers. As part of its appeal, however, Charter wants that information returned.
The Justice Department, joined by the Copyright Office, contend in their friend-of-the-court brief that the Digital Millennium Copyright Act applies to conduits.
Giving Internet service providers immunity from subpoenas would undermine the law's purpose of protecting copyright holders, the government's lawyers contended.
In passing the Digital Millennium Copyright Act, Congress freed Internet service providers from liability for copyright violations, but required in exchange that they provide information about suspected infringers, the lawyers said.
The groups backing Charter say the cable operator's customers have a right to anonymity that is protected by the First Amendment.