One ISP Challenges RIAA's P2P Subpoenas

At least one Internet service provider is ready to challenge the Recording Industry Association of America's subpoena campaign to track and stop peer-to-peer online file-swappers. Pacific Bell Internet Services filed a federal lawsuit July 30 charging many of the RIAA subpoenas were improper and threaten customer privacy. 

The ISP lawsuit concurrently challenges a portion of the Digital Millenium Copyright Act, under which a federal judge recently held the RIAA had the right to subpoena Internet service providers and others – even family members – without a judge first signing off on the subpoenas. Pac Bell Internet is also demanding a jury trial of the issues, according to the court filing. 

"The action taken by SBC Internet Services is intended to protect the privacy of our customers," said an unidentified spokesman for Pac Bell Internet parent SBC Communications to Wired. "Misapplication of DMCA subpoena power raises serious constitutional questions that need to be decided by the courts, not by private companies which operate without duty of due diligence or judicial oversight."

PacBell's suit alleges that over 200 RIAA subpoenas involving its subscribers were issued from the wrong jurisdiction, coming from Washington instead of California. The suit also asserts the RIAA can't group information demands over multiple P2Pers under a single subpoena, Wired said. 

The RIAA rejected Pac Bell's argument, saying the ISP flatly rejected any discussion with the music industry trade group.

"We are disappointed that Pac Bell has chosen to fight this, unlike every other ISP which has complied with their obligations under the law," said a statement from the RIAA. "We had previously reached out to SBC to discuss this matter but had been rebuked.  This procedural gamesmanship will not ultimately change the underlying fact that when individuals engage in copyright infringement on the Internet, they are not anonymous and service providers must reveal who they are."