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Verizon Set Back Again in DMCA Subpoena Case

Posted by michael on from the relief-pitcher-needed dept.

NickV writes "Hope is getting direr for online privacy. The US District Court ruled today that Verizon must hand over the names of the two P2P downloaders. Hopefully Verizon can get a stay on the court order by the Court of Appeals. They have 14 days. Support the EFF! Without a serious lobbying group in DC, privacy will continue to be eroded."

3 of 350 comments (clear)

  1. Re:Look idiots by Shadow+Wrought · · Score: 5, Informative
    Your analogy is, however, incorrect. The difference is not that they both stole, the difference is in the process. The CEO of Enron was placed under house arrest through a judicial process. The subpoenas issued to Verizon were done so without a judicial process. That is the argument.

    The quote from verizon's counsel says it best, "It's virtually unprecedented in U.S. law that someone can use a form to find out your identity without any judicial process."

    --
    If brevity is the soul of wit, then how does one explain Twitter?
  2. Re:Look idiots by Wavicle · · Score: 4, Informative

    Your privacy deserves to be gone if you commit an illegal act.

    I assume you mean this in a more narrow sense than you stated it. Note that neither of those two Verizon customers has been convicted of anything. They have only been accused. Are you saying anyone accused by corporation of doing something illegal deserves to lose their privacy?

    The only reason Verizon is withholding the names is so all their subscribers. don't migrate to other services in order to prevent from being caught.

    You didn't read the article did you? Verizon is fighting on behalf of all ISPs. Other services would be less able to fight this than Verizon. The only reason these two haven't been handed over to the RIAA is because Verizon objects to the DMCA.

    I don't see anyone here crying about the Enron CEO being placed under house arrest with a tracking bracelet, violating his privacy

    Did a judge place the Enron CEO under house arrest? Did a judge order the tracking bracelet? Did you read the article?!

    Verizon is objecting to the fact that privacy can be pierced without judicial review.

    --
    Education is a better safeguard of liberty than a standing army.
    Edward Everett (1794 - 1865)
  3. Re:Why? by bitkid · · Score: 5, Informative

    The interesting thing about this case is that the RIAA walked up to Verizon and demanded the customers name. No subpoena, no court order. They claimed that the DMCA gives them the right to do so and that there is no court order necessary...

    So basicaly the cops need a court order, private lobyist groups don't. Somehow this doesn't sound right, does it? IANAL but I think the right thing(tm) to do would have been the RIAA suing John Doe and the court issuing a subpoena for Verizon. If the RIAA wins this case, then there will be a dangerous precedent for copyright holders to get customer data without any sort of oversight from courts.