[IP] Privacy/1st Am in Verizon case with RIAA

[Dave Farber <dave@farber.net>]

I found his arguments compelling djf


------ Forwarded Message
From: Peter Swire <peter@peterswire.net>
Reply-To: peter@peterswire.net
Date: Fri, 31 Jan 2003 11:07:57 -0500 (EST)
To: dave@farber.net
Subject: Privacy/1st Am in Verizon case with RIAA

Dave:

Yesterday I filed a Declaration on behalf of Verizon in the suit where it
is resisting turning over a customer name in the face of an RIAA subpoena.

My declaration discusses the privacy and First Amendment harms that would
flow from the RIAA's (and the district judge's) interpretation of the
DMCA.

Perhaps my biggest concern is how these subpoenas could become the New
Spam, flooding ISP in-boxes with subpoenas that had little or nothing to
do with enforcing legitimate copyright claims.  Under the Judge's initial
decision, ISPs would be required to respond to even these illegitimate
subpoenas "expeditiously."

The Declaration also shows how the subpoena power in the DMCA is entirely
out of line with all other U.S. privacy statutes and regulations.

Declaration at www.peterswire.net, under "Current events."

Thanks,

Peter
-- 
Professor Peter P. Swire
Moritz College of Law, Ohio State University
Consultant, Morrison & Foerster LLP
Formerly, Chief Counselor for Privacy,
  U.S. Office of Management & Budget
240-994-4142, www.peterswire.net





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