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NetCoalition raises objections to subpoenas on file swapping

Arguing that the record industry is trying to force its members to become the "police of the Internet," a group representing over 100 Inter-net service providers plans to deliver a letter to the industry's trade association yesterday.

The letter asks a series of questions about plans to sue people suspected of illegally trading music files online.

The letter from NetCoalition is the latest objection from Internet service providers to a flood of subpoenas from the record industry seeking the identities of Internet subscribers suspected of swapping files.

"There are understandable fears among many in the Internet community that the real purpose of this legal campaign is to achieve in court what the association has not yet been able to accomplish in Congress -- to make Internet companies legally responsible for the conduct of individuals who use their systems," the letter says.

The group includes the service provider associations of Virginia, Washington and Wyoming, as well as several companies, including Bway.net in New York.

Record industry officials said they could not comment on the specifics of the letter because they had not yet received it.

But Matt Oppenheim, an attorney for the record industry group, said Internet providers were protesting the subpoenas because file-swapping attracts customers, now accounting for more than half of the traffic over broadband cable networks.

"We're not asking them to police the Internet," Oppenheim said.

"We're asking them to comply with the law. If they were policing we wouldn't have this problem," he said.

A 1998 copyright law sought to limit the liability of Internet providers over how subscribers use their resources, while making it easier for copyright holders to pursue online infringers.

The law allows copy-right holders to obtain subpoenas from court clerks, without first filing a lawsuit or going before a judge, compelling Internet providers to release subscriber contact information.

The NetCoalition letter focuses on the details of how the record industry is carrying out its goal of filing thousands of subpoenas in the coming months.

It asks for a meeting to discuss how the industry trade group ensures the accuracy of the subpoenas, how it decides whom to target and it raises concerns over the cost of compliance.
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