EFF: Record Industry Cuts Corners in Crusade Against File-Sharers

[Dave Farber <dave () farber net>]

Electronic Frontier Foundation Media Release

For Immediate Release: Monday, February 2, 2004


Contact:

Paul Levy
  Attorney
  Public Citizen Litigation Group
  plevy () citizen org
  +1 202 588-1000

Cindy Cohn
  Legal Director
  Electronic Frontier Foundation
  cindy () eff org
  +1 415 436-9333 x108 (office), +1 415 307-2148 (cell)


Record Industry Cuts Corners in Crusade Against File-Sharers

Public Citizen, Electronic Frontier Foundation and ACLU Say
"File Lawsuits Properly"

Washington, D.C. - The music industry has not shown adequate
justification for unveiling the identities of anonymous
online music "pirates," Public Citizen, the American Civil
Liberties Union (ACLU), and the Electronic Frontier
Foundation (EFF) today told the federal courts. In amicus
curiae briefs, the groups asked the courts to require the
record industry to follow procedures designed to protect the
privacy of Internet users in its latest round of lawsuits
against unnamed alleged music file-sharers.

The groups do not question the seriousness of the illegal
activity alleged by the record companies, but object to the
process the companies have tried to use to obtain the
file-sharers' identities. The groups argue that in lawsuits
against more than 500 alleged copyright infringers, the
record companies have not presented sufficient evidence to
compel disclosure of the alleged file-sharers' identities
and do not ensure notice to the alleged file-sharers so that
they have an opportunity to protect their privacy.

Courts have recognized the right to anonymous speech on the
Internet and developed a balancing test to ensure that right
is not needlessly trammeled in litigation. The test requires
that anonymous users be notified that their identity is
sought and given time to hire a lawyer. The specific
infringed files must be identified and shown to the court to
be actionable. In this case, the industry only showed such
detail for only three of the 199 defendants, the groups
said.

The record industry also failed to protect the basic due
process and fairness rights of Internet users. It lumped
more than 100 individuals with no connection to one another
into each of several court filings, even though the
individuals allegedly shared different music using different
file-sharing software at different places throughout the
country.

"Our legal system normally guarantees each person accused of
wrongdoing the right to an individual, fair, and just
hearing," said Public Citizen attorney Paul Levy. "The
record industry should have to follow the same legal
standards as everyone else and file each case in a court
local to the alleged file-sharer."

"Once again, the RIAA is trying to cut corners in its
crusade against file-sharers and deny Internet users the
legal protections that are available in all other types of
legal cases," said EFF Legal Director Cindy Cohn. "All of
those accused should receive notice and have a chance to
refute accusations of file-sharing before the record
industry compels their Internet Service Providers to reveal
their identities."

The civil liberties groups filed "friend of the court"
briefs in district courts in Washington, D.C., and New York,
where suits in which the recording industry has sought
identities of file-sharers are pending.

For this release:
http://www.eff.org/IP/P2P/RIAA_v_ThePeople/20040202_eff_pr.php

EFF and Public Citizen amicus brief in RIAA v. The People:
http://www.eff.org/IP/P2P/RIAA_v_ThePeople/20040202_eff_amicus.php

More information on RIAA v The People:
http://www.eff.org/IP/P2P/RIAA_v_ThePeople/

About Public Citizen:

Public Citizen is a national, nonprofit consumer advocacy
organization that has a history of defending free speech on
the Internet. The organization's website is at
http://www.citizen.org/

About EFF:

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at
http://www.eff.org/


                           -end-



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