RIAA has ‘missed the significance’ of privacy interests at stake ...

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