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e-Commerce Docket Sheet

By ALM Staff | Law Journal Newsletters |
August 23, 2003

DMCA Subpoena Withstands ISP's Constitutional Challenges

The subpoena power authorized under '512(h) of the Digital Millennium Copyright Act does not violate the case or controversy requirement of Article III, and does not abridge Internet users' First Amendment rights. In re: Verizon Internet Services, Inc., Subpoena Enforcement Matter, Civ. No. 03-MS-0040 (D.D.C. Apr. 24, 2003). The defendant Internet service provider moved to quash on constitutional grounds a subpoena seeking the identity of an anonymous Internet user alleged to have infringed copyrights. Denying the motion to quash, the district court held that the requirements of '512(h) provide sufficient safeguards of Internet users' First Amendment rights, and that issuance of a subpoena unrelated to a pending federal action did not violate the case or controversy requirement.


DMCA Protection Extended To Virtual Private Network

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