Court Gives Hollywood Broad Powers To
Violate Your Privacy

Music Industry News Network 25apr03

The D.C. District Court today ruled that alleged copyright infringers are to be deemed guilty until proven innocent.

Judge Bates agreed with RIAA that copyright holders can issue subpoenas to ISPs to demand identifying information about any Internet users based upon a mere allegation of infringement, with no notice to the user or judicial review of the claim required. In his second decision in support of the RIAA, Judge Bates rejected the arguments of Verizon, supported by 28 consumer and privacy groups and 18 ISPs and ISP organizations, that this sweeping new power violated the First Amendment right to anonymity and privacy rights of Internet users. He also rejected the argument that the law violated the constitutional requirement that private parties can only use subpoenas to get private information about ordinary citizens in the context of a current or imminent lawsuit.

"This ruling means that the RIAA, or anyone else claiming to represent a copyright owner, can demand that your ISP turn over your identity to them without any notice to you or the opportunity to prove that you didn't do anything wrong," noted Cindy Cohn, EFF's Legal Director. "The privacy of Internet users has taken a big blow today."

"It seems clear that the RIAA alone intends to use this power to demand the identities of thousands of Internet users, likely using the same 'bots that recently claimed that a public film hosted at the Internet Archive was infringing because it had the same name as a Hollywood film (U-571) and that a Harry Potter book report was an illegal copy of the movie," noted Cindy Cohn, EFF's Legal Director. "Once again the claim of potential copyright infringement is an excuse to degrade the privacy and constitutional privacy rights of ordinary Internet users."

EFF is the Electronic Frontier Foundation

source: http://mi2n.com/press.php3?press_nb=50897 25apr03

Verizon Vows to Continue to Protect Subscriber Privacy:

Company Will Immediately Ask U.S. Appeals Court
for Stay Of Controversial Ruling

PRNewsWire 25apr03

WASHINGTON, April 24 /PRNewswire/ -- Verizon today said it would immediately ask a U.S. Appeals Court for a stay of a lower court ruling forcing the company to reveal the identity of an Internet subscriber accused of music piracy. Verizon is seeking to protect a subscriber's privacy following a decision today by U.S. District Court Judge John Bates to deny the company's original request for a stay. The case stems from a subpoena filed last summer by the Recording Industry Association of America (RIAA) demanding that Verizon Online turn over the name of a customer whom the RIAA alleges possesses illegal copies of copyrighted music files on the customer's personal computer. Verizon refused to comply, noting that the subpoena did not comply with the requirements of the Digital Millennium Copyright Act, which applies only to files hosted on an Internet company's network and not on the computer in a subscriber's home or office. The RIAA sued Verizon to enforce the subpoena. On Jan. 21, Judge Bates ruled in favor of the RIAA. The following week, Verizon filed for a stay of the judge's decision pending an appeal in the U.S. Court of Appeals. In his ruling today, Judge Bates upheld the constitutionality of the subpoena requirement even though the subpoena was issued outside any "case or controversy." Judge Bates today also issued a temporary stay to allow the Court of Appeals time to consider the issue of a stay. The following response should be attributed to John Thorne, senior vice president and deputy general counsel for Verizon.

"Today's ruling goes far beyond the interests of large copyright monopolists -- such as RIAA -- in enforcing its copyrights. This decision exposes anyone who uses the Internet to potential predators, scam artists and crooks, including identity thieves and stalkers. We will continue to use every legal means available to protect our subscribers' privacy and will immediately seek a stay from the U.S. Court of Appeals. The Court of Appeals has already agreed to hear this important Internet privacy case on an expedited schedule.

"Verizon sought the stay in the U.S. District Court for the District of Columbia to preserve the privacy of its subscriber and to allow the U.S. Court of Appeals the opportunity to review the important statutory and constitutional issues raised in this case.

"Verizon feels very strongly that the privacy, safety and due process rights of hundreds of thousands -- or perhaps millions -- of Internet subscribers hang in the balance of the court's decision. We look to the Court of Appeals to decide this case in a narrow manner that avoids a chilling effect on Internet users' private communications, such as e-mail, instant messages or surfing the Internet."

source: http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=SVBIZINK1.story&STORY=/www/story/04-24-2003/0001933435&EDATE=THU+Apr+24+2003,+05:08+PM  25apr03