HomeFocus AreasCourt CasesPacific Bell Internet Services v. Recording Industry Association of America (2003)

Pacific Bell Internet Services v. Recording Industry Association of America (2003)

On November 17, 2003, ARL joined 17 library, public interest, and consumer advocacy organizations in filing an amicus brief (PDF) in the case of Pacific Bell Internet Services (PBIS) v. the Recording Industry Association of America (RIAA). The RIAA has issued several subpoenas to the Internet service provider under section 512(h) of the DMCA seeking to identify the names, addresses, and phone numbers of PBIS subscribers.

Pacific Bell filed suit against the RIAA in July 2003, arguing that the subpoena provision in the DMCA is unconstitutional. According to the brief, section 512(h) "is so devoid of procedural protections that it is an invitation to mistake and misuse." Amici argue that section 512(h) violates the Due Process Clause of the Fifth Amendment "because it does not contain adequate procedural protections against the curtailment of constitutionally protected expression."

 
 
 

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