more on Verizon ordered to disclose subscriber name

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: david.e.young () verizon com
Date: Wed, 22 Jan 2003 07:48:16 -0500
To: dave () farber net
Subject: Re: [IP] Verizon ordered to disclose subscriber name


Dave, 

FYI-  Yesterday, Verizon released this statement regarding this case...

WASHINGTON -- In July, the Recording Industry Association of America
(RIAA) issued a subpoena requesting that Verizon Online name a customer
whom the RIAA alleged was infringing on the copyrights of recording
artists.  The subpoena was not issued according to the requirements of
the Digital Millennium Copyright Act, under which the alleged infringing
material must actually reside on Verizon's system or network for the
subpoena to be valid.  Because the alleged material would only be found
on the user's hard drive, Verizon refused to comply with this invalid
subpoena.  The RIAA then sued Verizon to enforce the subpoena.  In a
decision issued today, U.S. District Court Judge John Bates ruled in
favor of the RIAA.  The following response is from Sarah B. Deutsch,
vice president and associate general counsel for Verizon:

"The court's decision has troubling ramifications for consumers, service
providers and the growth of the Internet.  It opens the door for anyone
who makes a mere allegation of copyright infringement to gain complete
access to private subscriber information without the due process
protections afforded by the courts.  This case will have a chilling effect
on private communications, such as e-mail, surfing the Internet or the
sending of files between private parties.

"Verizon is not attempting to shield customers who break copyright laws.
We are, however, seeking to protect the fundamental privacy and due
process rights that should be afforded to our customers and all Internet
users.  We will appeal the decision."



"Dave Farber" <dave () farber net>
Sent by: owner-ip () v2 listbox com 01/21/2003 04:41 PM
Please respond to dave
        
        To:        ip () v2 listbox com
        cc:        
        Subject:        [IP] Verizon ordered to disclose subscriber name



------ Forwarded Message
From: "Kevin G. Barkes" <kgb () kgb com>
Date: Tue, 21 Jan 2003 14:56:11 -0800
To: dave () farber net
Subject: Verizon ordered to disclose subscriber name

Verizon Is Ordered to Give
Name of User in Music Dispute

By ANNA WILDE MATHEWS
Staff Reporter of THE WALL STREET JOURNAL


In a victory for entertainment companies that are seeking to defend their
works against digital copying, a federal judge ordered Verizon
Communications Inc. to turn over the name of an Internet subscriber who
allegedly made songs broadly available online.

The decision from the U.S. District Court in Washington, D.C., concerned a
subpoena that record-label members of the Recording Industry Association of
America had sent to Verizon's Internet unit, demanding that it turn over the
name of a subscriber who was allegedly distributing hundreds of songs
online. In a written opinion, Judge John D. Bates said that he granted the
"RIAA's motion to enforce, and orders Verizon to comply with the properly
issued and supported subpoena from RIAA seeking the identity of the alleged
infringer."

Verizon had refused to comply with the subpoena, arguing it wasn't obligated
to produce the name of its subscriber.

The issue has drawn close attention from entertainment companies and
technology concerns, as well as Internet consumer-rights advocates. The
record labels drew backing from the Motion Picture Association of America.
For its part, Verizon drew supportive briefs from an array of technology
interests.


Regards,

KGB

-----
Kevin G. Barkes
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