Recording Industry wants Judge to unleash subpoena power

April 2, 2003

In order to be able to find the identity of
people who share a lot of music on file sharing networks, the recording industry
will seek a "substantial number of subpoenas" (written court order requiring the
attendance of the person named in the subpoena at a specified time and place for
the purpose of being questioned under oath concerning a particular matter which
is the subject of an investigation, proceeding, or lawsuit) to protect
copyrighted music from distribution on the Internet if granted clearance by a
federal court, according to an industry attorney.

The RIAA now is seeking the identity of two alleged pirates, and
Verizon has asked Judge Bates to delay his compliance order pending an
Appeals Court review in about six months. In Tuesday's hearing, Mr.
Verrilli argued against delay. The RIAA sought the identity of the
subscribers under the authority of the 1998 Digital Millennium Copyright
Act, meant to protect copyrights in the digital age. Once Verizon
complies, said Mr. Verrilli, "it seems likely that other Internet-service
providers will follow suit."

He added, "We can finally enforce the rights
that Congress gave us." But Verizon said the law's provisions that allow
subpoenas to be issued without an accompanying lawsuit are
unconstitutional. Complying with the order would infringe users' privacy,
the company has said, and shake consumer confidence in the
Internet.