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Computer User Challenges RIAA |
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'Jane Doe' says industry subpoena of personal info is unconstitutional.
Scarlet Pruitt, IDG News Service
Friday, August 22, 2003
An anonymous computer user has struck back at the recording industry's recent campaign to uncover individuals illegally trading copyrighted music online by filing a motion that challenges a subpoena asking her ISP to hand over her personal data.
The motion was filed in Washington, D.C., on behalf of a Jane Doe ISP subscriber in California, who claims that the industry's methods are unconstitutional and a threat to her privacy, according to the woman's lawyers.
Defending Privacy
The case represents the first challenge by an individual to the efforts of the Recording Industry Association of America to thwart online piracy by filing hundreds of subpoenas with ISPs across the United States, requesting information on individual file traders whom the group believes may be guilty of copyright infringement.
Glenn Peterson and Dan Ballard, lawyers with the Sacramento-based law firm of McDonough, Holland & Allen, which is representing the Jane Doe, said in a statement that the RIAA's subpoena campaign has far-reaching implications in terms of consumer rights and privacy.
The recent efforts of the music industry to root out piracy have addressed a uniquely contemporary problem with draconian methods--good old-fashioned intimidation combined with access to personal information that would make George Orwell blush, Peterson said in the statement.
RIAA Rebuttal
The RIAA disputed the claims Friday.
Nobody has a right to steal music. This individual's lawyers are trying to obtain from the court a free pass to download or upload music online illegally, Matt Oppenheim, senior vice president of business and legal affairs at the RIAA, said in a statement.
ISPs have also challenged the RIAA's subpoena campaign, with mixed results. In June, Verizon Internet Services finally turned over information on four alleged music downloaders after losing an appeal challenging an RIAA subpoena.
Earlier this month, however, a federal judge decided in favor of two Massachusetts universities which had challenged RIAA subpoenas asking them to hand over information on students thought to be illegally trading music online. The judge decided that the subpoenas, which were filed in Washington, D.C., did not hold in Massachusetts.
The RIAA called the decision a minor procedural issue and indicated that it would refile the petitions in the necessary courts.
Courts have already ruled that you are not anonymous when you publicly distribute music online, Oppenheim said Friday.
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