Supreme Court Declines to Review Unanimous D.C. Circuit Decision
in Favor of Internet Users' Privacy Rights
WASHINGTON, Oct. 12 /PRNewswire/ -- As the result of a decision today by
the United States Supreme Court, Verizon declared an important victory for the
personal privacy, free expression rights and safety of the more than 100
million Internet users in the U. S. The court declined to review the
unanimous decision of the District of Columbia Circuit Court of Appeals, which
held that a wave of subpoenas seeking the names, addresses, and telephone
numbers of thousands of Internet subscribers through a "rubber stamp" process
was unlawful. The case is known as Recording Industry of America, Inc. (RIAA)
v. Verizon Internet Services, Inc. (Verizon). The Court of Appeals decision,
written by Chief Judge Douglas H. Ginsburg and handed down on Dec. 19, 2003,
held that the Digital Millennium Copyright Act of 1998 (DMCA) did not
authorize copyright holders and their agents to obtain a subpoena requiring
the release of the name, address and telephone number of any Internet user
based upon the filing of a one-page form with the clerk of the district court
The D.C. Circuit's decision was hailed by legal scholars, the Internet
community, and many consumer rights and public interest groups as a victory
for consumer privacy and the First Amendment right to engage in anonymous
speech on the Internet.
The following statement regarding the Supreme Court's decision to let the
ruling of the Court of Appeals stand should be attributed to Sarah Deutsch,
vice president and associate general counsel for Verizon:
"Today, the Supreme Court ruled in favor of the personal privacy, First
Amendment rights to free speech and free association, and the safety of every
Internet user in this country. The Supreme Court's action is a victory for
consumers, for the Internet and its continued growth, and it marks the end of
a dangerous and illegal subpoena campaign that threatened the constitutional
rights of all Americans.
"This decision means copyright holders and their representatives -- or
identity thieves and stalkers posing as copyright holders - will not be
allowed to obtain personal information about Internet users by simply filing a
one-page form with a court clerk. The Supreme Court has now finally shut a
door that was otherwise left wide open to false accusations, negligent
mistakes, as well as to identity thieves and stalkers, who could use the
cursory subpoena process (without any judicial supervision) to obtain the
name, address, and telephone number of any Internet user in the country -
without the user even knowing about it.
"This decision reaffirms the fact that a legitimate process for legal
recourse already exists -- the John Doe lawsuit -- and that the Recording
Industry Association of America (RIAA) should follow it. We are pleased that
the RIAA has already changed its copyright enforcement and business practices
to conform to this recognized approach, which insures that due process is
protected before an Internet user's personal information can be obtained by
anyone who seeks it. RIAA has filed thousands of 'John Doe' lawsuits since
the D.C. Circuit held that the DMCA subpoena as used by RIAA was unlawful.
This John Doe process entails the filing of a civil complaint, strict judicial
oversight of any discovery of personal information, a court order to implement
the discovery procedure, and notice to individual Internet subscribers with an
opportunity to contest the allegations of copyright infringement prior to the
revelation of their personal information.
"The Supreme Court's decision to decline review bolsters Verizon's belief
that the D.C. Circuit opinion is right on the law and that the DMCA was never
meant to place a roving subpoena power with no judicial oversight in the hands
of any private party who could claim ownership of a copyright. We now expect
that other courts of appeal will follow the D.C. Circuit's lead, and that RIAA
will continue to adhere to the well-established "John Doe" lawsuit approach,
which is used by every other commercial entity in the country seeking to
expose civil wrongdoers who are anonymous."
ADDITIONAL BACKGROUND -- This matter began in 2002 when the RIAA decided
to circumvent traditional court processes and rely on a novel provision of the
DMCA to strip Internet users of their anonymity and privacy and to obtain
their personal information. The RIAA's test subpoena, issued by the clerk of a
court, without approval by a judge, demanded that Verizon Online turn over the
name and other personal information of a customer whom the RIAA accused of
offering for download illegal copies of copyrighted music files stored on the
customer's personal computer. Verizon refused on numerous grounds, including
that the subpoena did not comply with the requirements of the DMCA, which
applies only to files hosted on an Internet provider's network and not to
private communications on a subscriber's home computer.
The RIAA sued Verizon in federal district court in the District of
Columbia to enforce the subpoena. On Jan. 21, 2003, a trial court ruled in
favor of the RIAA. Verizon immediately sought and was granted an expedited
appeal at the Court of Appeals, and the case was heard on Sept. 16, 2003. In
a unanimous decision, Verizon won the appeal in December 2003, with the court
holding that RIAA's interpretation of the law was wrong and its use of the
subpoena process unlawful.
While Verizon vigorously supports the protection of copyrights and warns
its subscribers about copyright infringement and dangers of using peer-to-peer
software, it has frequently noted that the RIAA enjoys access to numerous
other legal avenues that promote copyright protection without sacrificing the
safety and privacy of Internet users.
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