Internetworkers: http://www.ibiblio.org/internetworkers/

[Kate Johnson <johnk AT ils.unc.edu>]

Forwarded to me from CPSR ..

Verizon fights order to reveal file swapper's name

By Joris EversIDG News Service, 01/31/03

Network World Fusion

Verizon Thursday said it is seeking a block on a court order to reveal the 
name of an Internet subscriber suspected of sharing music
online.

A federal judge last week told Verizon Internet Services to turn over the 
name of an individual music downloader to the Recording
Industry Association of America (RIAA), the trade group for the largest music 
labels. Verizon is appealing that decision and
has asked the court to stay the order pending appeal, it said in a statement.

Verizon was sued by the RIAA after it refused to comply with a subpoena 
asking for the name of the subscriber, who used the Kazaa peer-to-peer file 
sharing service. The music industry says online
sharing of music hurts music sales and compares it to stealing. In separate 
legal action, the RIAA is pursuing Kazaa and other
peer-to-peer services.

Verizon is not trying to shield customers who break copyright laws, but wants 
to halt the court order pending appeal to give
the appeals court time to review the "statutory and constitutional issues" 
raised by this case, it said.

The recording industry brought this case as a test case, according to 
Verizon. If the ruling stands, consumers will be caught
in a "digital dragnet," not only from recording companies alleging copyright 
infringement, but from anyone who can fill out
a simple form, John Thorne, Verizon senior vice president and deputy general 
counsel said in a statement.

The RIAA subpoena was issued under the Digital Millennium Copyright Act 
(DMCA). Verizon argued that the subpoena does not
address Internet service providers as the copyright protected material is not 
stored on any of its computers, but on the customers'
local hard disk drive. Several privacy groups, including the Electronic 
Privacy Information Center, have sided with Verizon
in the case.
The IDG News Service is a Network World affiliate.

Copyright 2001 Network World, Inc. All rights reserved 
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