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    Ruling sparks privacy row

    FINE LINE: Verizon is challenging a ruling that it must identify a customer who allegedly downloaded more than 600 songs in a day and is suspected of piracy

    AFP, WASHINGTON
    Thursday, Jan 23, 2003, Page 10

    A US federal judge on Tuesday ordered Verizon Communications Inc to identify an Internet user suspected of illegally copying music, sparking a heated privacy row.

    Verizon vowed to appeal against the ruling, which ordered the telecommunications group and Internet provider to reveal its customer's identity to the US music industry.

    "This case will have a chilling effect on private communications, such as e-mail, surfing the Internet or the sending of files between private parties," Verizon associate general counsel Sarah Deutsch said.

    "Verizon is not attempting to shield customers who break copyright laws. We are, however, seeking to protect the fundamental privacy and due process rights that should be afforded to our customers and all Internet users," she said in a statement.

    "We will appeal the decision."

    Judge John Bates' ruled in the US District Court here that Verizon must comply with a subpoena issued by the Recording Industry Association of America (RIAA) under the Digital Millennium Copyright Act of 1998.

    "The court grants RIAA's motion to enforce its subpoena and orders Verizon to comply with the subpoena," Bates' written decision said.

    The RIAA subpoena had demanded Verizon reveal the identity of an "anonymous user" of Verizon's Internet services accused of infringing copyrights.

    The anonymous user allegedly downloaded more than 600 songs from the Internet in one day.

    Verizon argued unsuccessfully that the Digital Millennium Copyright Act applied only to material stored on Verizon's Internet network, not material simply trans-mitted over it.

    However, the judge ruled that the act applied to Internet service providers whether the material was stored on or simply transmitted over the network.

    "The court's decision has troubling ramifications for consumers, service providers and the growth of the Internet," Verizon's lawyer said.

    "It opens the door for anyone who makes a mere allegation of copyright infringement to gain complete access to private subscriber information without the due process protections afforded by the courts," she said.

    The music industry hailed the judge's ruling, however.

    "We appreciate the court's decision, which validates our interpretation of the law," RIAA president Cary Sherman said in a statement.

    "The illegal distribution of music on the Internet is a serious issue for musicians, songwriters and other copyright owners, and the record companies have made great strides in addressing this problem by educating consumers and providing them with legal alternatives," Sherman added.
    This story has been viewed 1760 times.

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