Case history:
The Recording Industry Association of America (RIAA), using a controversial subpoena provision introduced by the 1998 Digital Millennium Copyright Act (DMCA), demanded that Verizon Internet Services reveal the identity of a Verizon subscriber who allegedly used KaZaA peer-to-peer software to share music online. Verizon refused to divulge the subscriber's identity, claiming that the provision didn't cover alleged copyright-infringing material that resides on individuals' own computers, only material that resides on an ISP's own computer.
Overruling the D.C. District Court, the D.C. Circuit Court of Appeals agreed with Verizon. In January 2003 Judge Bates had rejected Verizon's interpretation of the DMCA subpoena provision, ordering disclosure of the subscriber's identity. The decision was appealed, and in the intervening time Verizon sought to quash a second subpoena. In December 2003, the D.C. Circuit found the subpoenas were not authorized by the DMCA. The Appeals Court granted Verizon's order to quash the second subpoena and vacated the order enforcing the first.
Significant issues raised:
Consumer Privacy; Anonymous Speech; Due Process
Supreme Court
- Supreme Court denies Certiorari (Search for "03-1579") October 12, 2004
- Petition for a Writ of Certiorari [PDF 200k] May 24, 2004
Appeal
- Petition for Rehearing and Rehearing en banc denied, February 24, 2004
- RIAA's Petition for Rehearing En Banc February 2, 2004 (PDF 1.9M)
- D.C. Circuit Opinion granting Verizon's Motion to Quash December 19, 2003 (PDF 55k)
- Reply Brief of Verizon (PDF 2.4MB)
- Brief of the US (PDF 2.6MB)
- MPAA amicus in support of the RIAA
- Amicus brief filed by EFF and signed by many other organizations.
- Verizon's opening brief on appeal (PDF 376k)
- DOJ brief in RIAA appeal - (PDF 1.3M)
- Ruling on Amicus Curiae motions - (PDF 181k)
- RIAA's Response to the Motions of Amici Curiae for Leave to File Multiple Amicus Briefs and to Exceed the Court-Mandated Page Limits - (PDF 368k)
- Joint motion of amici curiae supporting appellant Verizon for amendment of briefing order to allow filing of separate briefs in excess of word limits, and to exclude description of the amici from the word count - (PDF 121k)
- Motion to Expedite - (PDF 1.5MB)
Second Subpoena
- U.S. District Court opinion on Verizon's motion to quash February 4, 2003 subpoena - (PDF 248k)
- RIAA's brief in opposition to Verizon's motion to quash February 4, 2003 subpoena
- Verizon Internet Services Inc.'s Brief In Support Of Its Motion To Quash February 4, 2003 Subpoena And Addressing Questions Propounded By The Court On March 7, 2003 - (PDF 620k)
- Declarations:
Declaration of Parry Aftab - (PDF 560k)
Declaration of Juley Fulcher - (PDF 180k)
Declaration of Keith Kidd - (PDF 1.3MB)
Stay Motion
- 20030211-VerizonOppMotStrikeSwire.pdf - Verizon's Opposition to Motion to Strike Declaration of Peter P. Swire (PDF 808k)
- Reply in Support of Verizon's Motion for a Stay Pending Appeal - (PDF 2.6MB)
- RIAA's Motion For Leave To File The Supplemental Declaration Of Jonathan Whitehead - (PDF 176k)
- Motion to Strike, Opposition to Motion for Stay and attachments
- Judge Bates' scheduling order - (PDF)
- Order Denying Stay Pending Appeal (PDF 105) By vacating the stay, the order requires Verizon to turn over identifying information in response to the RIAA subpoena.
First Subpoena
- Court order in RIAA v. Verizon - (PDF)
- Brief of amici curiae - United States Internet Industry Association, Computer & Communications Industry Association, Internet Service Providers' Association (South Africa), Yahoo!, Inc., Southern star, Mercury Network, LLC, Netlink 2000, Inc., Zzapp! Internet Services, SMCNET LLC, Ice Communications, Inc., Frontier and Citizens Communications, and DM Solutions in support of Verizon's opposition to motion to enforce subpoena
- Motion for leave to file and brief Amicus Curiae of United States Internet Service Provider Association in support of Verizon
- RIAA reply brief in support of motion to enforce
- Declaration of Frank Creighton in Support of Motion to Enforce July 24 Subpoena
- Opposition of Verizon Internet Services to motion to enforce Ex Parte Subpoena
- Declaration of Scott E. Lebredo in Support of Opposition by Verizon Internet Services to Motion to Enforce Ex Parte Subpoena
- Proposed order to deny enforcement of Ex Parte Subpoena
- Amicus brief signed by EFF and 10 others (August 30, 2002)
