A.C.L.U. Challenges Music Industry in Court
By John Schwartz for the NY Times.
(Thanks, Jason.)

The civil liberties group argues that the constitutional rights of its client, referred to as Jane Doe, would be violated if her college, which is also her Internet service provider, were forced to reveal her name. The industry subpoena "seeks to strip Jane Doe of her fundamental right to anonymity," according to the group's court filings.

The industry subpoena is one of many recently filed under the Digital Millennium Copyright Act, a law that gives copyright holders broad powers to get the names of suspected infringers from Internet service providers.

But the civil liberties suit claims that the subpoenas, which can be issued with little judicial oversight or involvement, go beyond even what the law allows. The group also claims that the law itself is unconstitutional, because it does not provide for the judicial review of requests or notification of the target of the investigation.

"We're not saying that they can't ever get her identity," said Christopher A. Hansen, a lawyer with the American Civil Liberties Union. "We're only saying if the industry wants her identity, then they have to do it in a fair way."...

Also today, a group that opposes the suits, Downhill Battle, is expected to announce the creation of a legal defense fund for those caught up in the file-trading suits. "If we make noise for all those who've been sued and give the people who want to fight in court the resources to do so, we can make these lawsuits fail," the group said on its Web site, downhillbattle.org.

A.C.L.U. Challenges Music Industry in Court
By JOHN SCHWARTZ

Published: September 29, 2003

Stepping up its involvement in the legal conflict over file sharing, the American Civil Liberties Union has filed a motion to stop attempts by the music industry to get the name of a Boston College student who is accused of being a large-scale file trader.

In court papers that were filed on Friday and will be announced today, the group said that Boston College should not be forced to reveal the identity of the student.

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The civil liberties group argues that the constitutional rights of its client, referred to as Jane Doe, would be violated if her college, which is also her Internet service provider, were forced to reveal her name. The industry subpoena "seeks to strip Jane Doe of her fundamental right to anonymity," according to the group's court filings.

The industry subpoena is one of many recently filed under the Digital Millennium Copyright Act, a law that gives copyright holders broad powers to get the names of suspected infringers from Internet service providers.

But the civil liberties suit claims that the subpoenas, which can be issued with little judicial oversight or involvement, go beyond even what the law allows. The group also claims that the law itself is unconstitutional, because it does not provide for the judicial review of requests or notification of the target of the investigation.

"We're not saying that they can't ever get her identity," said Christopher A. Hansen, a lawyer with the American Civil Liberties Union. "We're only saying if the industry wants her identity, then they have to do it in a fair way."

The issues are similar to those in a case between the industry and Verizon that began in the United States District Court for the District of Columbia. In that case, the company, as an Internet service provider, is fighting attempts to compel it to reveal the identities of customers who are accused of being major file traders. The A.C.L.U. filed a brief in that case.

Those challenges to the law have already been rejected, and the issues have been appealed to the United States Court of Appeals for the District of Columbia Circuit.

That is why Amy Weiss, a spokeswoman for the Recording Industry Association of America, said, "I feel like Bill Murray in 'Groundhog Day,' '' referring to a film about a man who has to live the same day over and over again. "They are relitigating the same issues that Verizon argued unsuccessfully."

Meanwhile, opposition to the recording industry's lawsuits has coalesced into a number of new initiatives. A fledgling trade association for companies offering file-trading software and services was preparing to announce a code of conduct for its industry in Washington today. Representatives of Morpheus, Grokster, Lime Wire, StreamCast and others are expected to discuss the legal tactics of the entertainment industry and to call on Congress to "stop record industry abuses" under the new rubric "P2P United," named for the abbreviated term for file sharing technology known as peer-to-peer.

Also today, a group that opposes the suits, Downhill Battle, is expected to announce the creation of a legal defense fund for those caught up in the file-trading suits. "If we make noise for all those who've been sued and give the people who want to fight in court the resources to do so, we can make these lawsuits fail," the group said on its Web site, downhillbattle.org.