RIAA vs. Verizon ruling undermines Net privacy

Peter Swire is a professor at
the Moritz College of Law of the Ohio State University, and was the Clinton
Administration's chief privacy counselor. He now writes editorials for the Detroit Free Press. Prof. Swire states, as a result of a
recent court decision in the case between the RIAA and Verizon Online,
every consumer's identity, home address and phone number are now available to
anyone who can fill out a one-page form. He feels Congress can and should step
in to fix this problem immediately. 


Unfortunately, the court ruled in favor of the recording
association, setting a precedent that will enable copyright owners to
identify Internet users' real-life names, home addresses and phone
numbers. Verizon has appealed the ruling and will argue its case again
next month.


Privacy is destroyed because it has become
so easy to reveal the identity of Internet users. Now, a copyright holder
simply fills out a one-page form and a federal clerk immediately issues
the subpoena to the Internet service provider (Verizon Online, AOL, MSN,
etc.). The service provider must then release the name, home address and
phone number of that user. Internet service providers risk large penalties
if they even question the validity of the subpoena.


Perhaps the most dangerous consequence,
the ruling puts subpoena power in the hands of anyone willing to pretend
to have a copyright claim. Without a judge's review, these fraudulent
requests are impossible to distinguish from legitimate ones. This flood of
legally sanctioned harassment will quickly become the "New Spam," with the
kinds of abuses as limitless as the Internet itself:


A gay pornography Web site has already
issued subpoenas to SBC Communications to try to learn the identity of
visitors to the porn site. Other porn sites and gambling sites can track
down visitors and demand payment not to reveal the user's identity, all
under the pretext of enforcing the site's "copyright."


The most common use may be that of Web
site operators who want to identify their visitors for marketing purposes
or for more nefarious reasons, including identity theft, fraud or
stalking.


Private investigators will gain an
unstoppable way to turn any e-mail address into a person's name and street
address. 


He goes on to say "The Recording Industry
Association of America lawsuits against users are beginning now, long before the
appeal of the Verizon proceeding will be decided. Before the new spam
proliferates, we should have fair procedures in place that will protect
intellectual property while protecting privacy, free speech and due
process".


Swire lets us know that Courts have already used
"John Doe" procedures, in which users can object anonymously to having their
identity revealed. The judge looks at the facts and, if the person is engaged in
illegal piracy, then the judge reveals the name and orders effective sanctions.
If the copyright holder or scam artist does not have a winning case, then the
user name remains private. John Doe legislation of this sort has been proposed
in California and should become a priority on Capitol
Hill.

Source: freep.com

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