In the next 6 months, RIAA intends to issue a “very substantial number” of subpoenas seeking private ISP subscriber information under Sec. 512(h) of the Digital Millennium Copyright Act (DMCA), one of its attorneys said Tues. The subpoena issued to Verizon Internet Services last summer -- which the ISP refused to comply with and has challenged in U.S. Dist. Court, D.C. -- was the first step of what was to be a serious nationwide copyright enforcement effort, Donald Verrilli told U.S. Dist. Judge John Bates in oral argument Tues.
Dugie Standeford
Dugie Standeford, European Correspondent, Communications Daily and Privacy Daily, is a former lawyer. She joined Warren Communications News in 2000 to report on internet policy and regulation. In 2003 she moved to the U.K. and since then has covered European telecommunications issues. She previously covered the U.S. Occupational Safety and Health Administration and intellectual property law matters. She has a degree in psychology from Duke University and a law degree from the University of Tulsa College of Law.
Saying there was an “incredibly powerful connection between economic development and peace,” Commerce Secy. Donald Evans Wed. kicked off a program aimed at creating a global set of uniform standards for key industry sectors. With 80% of the commodity trade out of the U.S. covered by some kind of standard, the U.S.’s objective is to get the world headed toward this country’s standards system, which is industry- rather than govt.-.driven, Evans said at a news briefing. The Dept. of Commerce will: (1) Charge the Technology Administration (TA), through the National Institute of Standards & Technology, with conducting a standards activity assessment of all existing Commerce programs as well as efforts to reduce standards-related trade barriers. (2) Create a best practices database. (3) Expand Commerce’s “early warning system” for market intelligence on standards development in key priority markets in Europe, Latin America and Asia. (4) Partner with the President’s Export Council on Standards Leadership for increased dialog on standards issues. (5) Hold a series of industry-specific roundtables on the most pressing issues and priority foreign markets. (6) Appoint a liaison at the International Trade Administration to liaise with U.S. industry on standards issues. The first roundtable, in late April, will be held with Information Technology Industry Council members, TA Deputy Undersecy. Benjamin Wu said. The initiative will create a cadre of well-trained standards personnel to train others, said Grant Aldonas, undersecy.-international trade. Europe will be part of that focus, he said, because the European Commission is racing to harmonize standards in order to lock out U.S. standards. The program also will home in on China, Aldonas said, to make sure its govt. understands the importance of uniform standards to its marketplace. Asked about industry complaints that U.S. regulatory agencies were blocking common standards, Aldonas said the govt. and Congress needed a “sea change” in their thinking. The U.S. competes on a global level, he said, and the Commerce initiative will help other agencies recognize that.
European Union (EU) govts. should set long-term, concrete policy objectives for the Community’s eEurope program, the European Telecom Network Operators’ Assn. (ETNO) said Tues. In a statement to the spring summit of EU leaders, ETNO said that with the rapid approach of eEurope’s 2005 deadline, investor confidence in the continent’s information and communications technology sector must be rebuilt. The recent cutback in investments is hampering the rollout of broadband and 3G, ETNO said. Internet penetration continues to grow, but viable business models are needed to “push this success story forward,” ETNO said. Moreover, it said, with implementation of the EU’s new e-communications package just months away, only technological neutrality and minimum regulation will raise investor confidence in the sector. Govts. must take a market-driven approach with a demand-oriented policy, ETNO said. Public sector participation via measures such as the use of structural funds “has a key role to play but should only be acceptable under fair and equitable conditions in order to avoid market distortions,” ETNO said. It said that because both network providers and consumers must be able to have trust in broadband services, initiatives aimed at improving network and information security were crucial. Meanwhile, Regional Policy Comr. Michel Barnier reported Tues. that structural funds -- which finance multiyear programs to foster regional development and structural changes -- are making a key contribution to promoting the information society. An evaluation of structural funding shows that between 2000 and 2006, more than 7% of such funds will go to measures in that area, he said. The study recommends that: (1) European regions invest more in strategy development and building regional capacity. (2) Regional information society priorities should be driven by regional demand and supply- side measures, and should offer a balance in terms of the development of telecoms, infrastructure such as broadband networks, access, digital content and applications and services. (3) Specific indicators and data should be developed to monitor progress in bridging the digital divide within and between regions.
Verizon Internet Services used the occasion of a 2nd RIAA subpoena Mon. seeking subscriber information under Sec. 512(h) of the Digital Millennium Copyright Act (DMCA) to shore up its argument that the controversial provision was unconstitutional. The subpoena, issued Feb. 4, seeks the identity of another Verizon customer alleged to have committed massive copyright infringement. The matter, which has been combined with the current battle over an earlier RIAA subpoena upheld by the U.S. Dist. Court, D.C. (CD Jan 22 p2), is set for argument April 1. In a Feb. 13 argument seeking a stay of U.S. Dist. Judge John Bates’s order directing Verizon to comply with RIAA’s first DMCA subpoena, the court expressed reluctance to deal with the ISP’s constitutional claims, saying it hadn’t devoted much time to them in its briefs. In a March 17 brief in support of its motion to quash RIAA’s 2nd subpoena, Verizon said that while the court acknowledged that the ISP had raised First Amendment and Article III issues in the earlier proceeding, it “declined to resolve those issues ‘[a]bsent a clear challenge by Verizon, and full briefing and development by the parties.'” That clear challenge now is before the court, Verizon said. Article III requires that there be a “case or controversy” before federal courts are authorized to issue judicial process, the ISP said. Moreover, it said, Sec. 512(h) violates the First Amendment by failing to “provide adequate procedures for the protection of the expressive and associational interest of Internet users” and it’s overly broad. If Sec. 512(h) isn’t struck down entirely, the ISP said, it should be read to apply only to cases where a subscriber stored allegedly infringing material on a service provider’s system or network. If the court disagrees, Verizon said, it should stay any order pending appeal of the case to the U.S. Appeals Court, D.C. (Bates currently is considering whether to stay his order on the first subpoena). A broad array of ISPs and industry trade associations sought permission to submit an amicus brief, a request to which RIAA hasn’t agreed. In addition to endorsing Verizon’s constitutional arguments, industry groups said they would urge the court to consider how RIAA’s reading of Sec. 512(h) would affect customers’ rights. The recording industry’s opposition brief is due March 27. Verizon then has until March 31 to reply.
Verizon Internet Services asked U.S. Appeals Court, D.C., Thurs. to expedite its appeal of lower court order permitting RIAA to subpoena -- under Digital Millennium Copyright Act (DMCA) -- personal information about Verizon subscriber alleged to have committed massive copyright infringement. Move comes as U.S. Dist. Court, D.C., prepares to rule on whether to stay its earlier order pending Verizon’s appeal (CD Feb 14 p 5), decision we're told may come early this week. Verizon’s motion argues that: (1) Case is one in which public has usual interest in prompt disposition. “This case has garnered substantial national and international media attention,” company said. “The substantial public concern about the impact of the district court order on Internet-user privacy weights strongly in favor of expediting review.” (2) Lower court ruling is subject to substantial constitutional challenge and delay will cause irreparable damage by allowing DMCA subpoena power to “extend to private realms of expression that Congress did not intend to reach, permitting RIAA and others to strip thousands of Internet users of their rights to privacy and free expressions and association on the Internet during this appeal.” Under Verizon’s proposed briefing schedule, it would file its opening brief by April 9, with RIAA’s brief due May 16. Oral argument would take place at court’s Sept. session or its otherwise earliest convenience. Motion reflects that RIAA consented to having appeal added to court’s stand-by pool for oral argument. RIAA hasn’t opposed Verizon’s push for speedy appeal, Senior Vp-Business & Legal Affairs Matthew Oppenheim said. However, he told us, “Verizon’s brief contains a recounting of the history of the DMCA that is as much fantasy as movies such as Star Wars and Lord of the Rings.”
Americans’ privacy rights won’t be affected by Bush Administration’s proposed Terrorist Threat Integration Center (TTIC), officials of FBI, CIA and Dept. of Homeland Security (DHS) told Senate lawmakers Wed. Comments -- by Winston Wiley, CIA assoc. dir. of central intelligence for homeland security; Pasquale D'Amuro, FBI exec. asst. dir.- counterterrorism; and Gordon England, DHS deputy secy. -- came at 2nd hearing of Senate Governmental Affairs Committee on TTIC. Committee Chmn. Collins (R-Me.) called hearing to try to nail down specifics of Administration’s implementation plans.
In 2-hour session punctuated by frequent questions from bench, lawyers for Verizon and RIAA clashed Thurs. over whether ISP should have to divulge identity of subscriber claimed to be engaged in massive copyright infringement. Verizon is seeking stay -- pending appeal to U.S. Appeals Court, D.C. -- of Jan. 21 decision by Judge John Bates of U.S. Dist. Court, D.C., directing it to comply with RIAA subpoena issued under Digital Millennium Copyright Act (DMCA) (CD Jan 22 p2). Bates said he would rule “fairly expeditiously” in what both sides agreed was case of first impression.
RIAA has “missed the significance” of privacy interests at stake in its efforts to force ISP to reveal personal information about alleged copyright infringer, Verizon said in court papers filed late Tues. Case -- Verizon Internet Services Inc. v. RIAA (CD Feb 10 p1) -- was prompted by RIAA’s obtaining subpoena seeking information about Verizon customer under Sec. 512(h) of Digital Millennium Copyright Act (DMCA). Verizon balked, saying it merely was conduit, not subject to DMCA’s subpoena provision. But last month, U.S. Dist. Court, D.C. ordered Verizon to comply with subpoena (WID Jan 22 p1). Verizon sought stay of order pending appeal to U.S. Appeals Court, D.C. (CD Jan 31 p6). RIAA opposed stay (WID Feb 10 p1), and Tues. pleading sets out Verizon’s reply to that opposition. In it, ISP says, “Most Americans would be astounded to learn that, according to RIAA, they have no legitimate expectation of privacy in their use of the Internet.” First Amendment right to speak anonymously supports Verizon’s view that Congress didn’t intend Sec. 512(h) subpoena power to extend to conduit activities, Verizon said. Moreover, it said, privacy and anonymity interests are key to judicial assessment of public interest in context of stay, and appellate court should have opportunity to address them before users’ rights are irrevocably compromised. Verizon also said RIAA had misstated and misapplied standard for granting stay pending appeal: “RIAA concedes that ‘once Verizon discloses its subscriber’s name, the act cannot be undone’… The traditional office of a stay pending appeal is to preserve the status quo pending the ability of the court of appeals to resolve an important legal issue. That is exactly the posture of this case.” Nor has RIAA shown any irreparable harm, Verizon said, because any revenue lost from sales can be made up through monetary damages, and there’s no evidence Verizon’s customer acted illegally. Stay request is to be heard today (Thurs.) at 9:30 a.m. in courtroom 21, Federal Courthouse, 333 Constitution Ave. NW, Washington
As expected, RIAA fought back Fri. against Verizon’s efforts to stay decision ordering it to turn over personal information about alleged infringement. Assn. filed motions in U.S. Dist. Court, D.C., opposing request, opposing declaration submitted on ISP’s behalf by Clinton Administration’s chief privacy counselor and starting public relations campaign against ISP. Verizon sought stay Jan. 31, arguing it was necessary to prevent it from having to release its subscriber’s personal information during appeal. Subpoena was issued under Sec. 512(h) of Digital Millennium Copyright Act (DMCA). Verizon has refused to comply with subpoena, saying it would violate its user’s privacy.
Backed by growing number of allies, Verizon said Thurs. it would appeal decision permitting RIAA to use subpoena issued under Digital Millennium Copyright Act (DMCA) to uncover identity of subscriber said to be committing massive online copyright infringement. At news briefing, company said it would ask U.S. Dist Court, D.C., to stay its Jan. 21 order pending appeal to U.S. Appeals Court, D.C. Case, RIAA v. Verizon Internet Services, is considered test case on DMCA subpoena power.